A petition for dissolution of marriage must allege that the marriage is irretrievably broken and that, as such, there remains no reasonable likelihood that the marriage can be preserved (Section 452.310 of the Revised Statutes of Missouri). The grounds for divorce apply equally to same-sex spouses. Civil unions are not officially recognised in Missouri; however, some cities recognise domestic partnerships and confer some of the rights of a marital relationship.

A divorce action is only initiated through the commencement of a court proceeding by way of filing a petition. Missouri has a minimum residency requirement of 90 days prior to filing a petition for dissolution of marriage. The 90-day requirement also applies to members of the armed forces stationed in but not residents of Missouri.

A dissolution petition must be served upon the respondent with a summons. The respondent’s response to the petition is called an “answer” and is due within 30 days of service of the petition and summons. A divorce may not be granted unless 30 days have elapsed from the date of filing of the petition (Section 452.305 of the Revised Statutes of Missouri).

Missouri law provides for legal separation. A petition for legal separation must allege that the marriage is not irretrievably broken and that thus there remains a reasonable likelihood that the marriage can be preserved (Section 452.310 of the Revised Statutes of Missouri). The residency and waiting period requirements for legal separation are the same as those for divorce.

Residency is a jurisdictional fact that must be pled and proven. The terms “residence” and “domicile” may be used interchangeably in Missouri. Residence is a matter of intent to be determined by statements, actions, and all other facts and circumstances. To establish residence in Missouri, a petitioner must show actual personal presence and an intention to remain either permanently or for an indefinite time, with no purpose to return to a former residence. The respondent to a dissolution action may contest jurisdiction based on lack of residency. Missouri trial courts have the discretionary authority to stay proceedings if it determines that another action is pending. The granting or refusing of a stay is purely discretionary. A stay of proceedings in Missouri is possible in divorce matters involving child custody if the Missouri court finds that it is an inconvenient forum and a court of another state is a more appropriate forum (Section 452.770 of the Revised Statutes of Missouri).

Either spouse may request maintenance in an action for dissolution or legal separation. Maintenance may be requested after the dissolution of marriage by a court that lacked personal jurisdiction over the absent spouse (Section 452.335 of the Revised Statutes of Missouri). The 90-day minimum residency requirement prior to filing applies to requests for maintenance.

The requirements for service in financial proceedings are the same as in other civil cases. A spouse seeking maintenance must demonstrate a need due to lack of property and an inability to support oneself. Each spouse has an affirmative duty to seek employment, but this requirement may be negated if the spouse seeking maintenance is the custodian of a child whose condition or circumstances make it appropriate for the custodian not to be required to seek employment outside the home. Once the spouse seeking maintenance meets the threshold showing of need, the court must consider a number of factors to determine the amount and duration for support (Section 452.335 of the Revised Statutes of Missouri).

In a proceeding for dissolution of marriage or legal separation, the court is required to set aside to each spouse that spouse’s non-marital (separate) property and divide marital property and debts in a manner that the court deems just after considering all relevant factors (Section 452.330 of the Revised Statutes of Missouri). The statute provides a list of factors for the court to consider:

• the economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse with custody of any children;
• the contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;
• the value of the non-marital property set apart to each spouse;
• the conduct of the parties during the marriage; and
• custodial arrangements for minor children.

Spouses are entitled to perform liberal discovery in divorce and legal separation proceedings to ascertain the nature and value of assets and debts. Discovery may include enforceable requests to third parties for the production of information. Missouri courts are vested with broad discretion in administering the rules of discovery.

Missouri family courts recognise trusts. The name on the trust does not necessarily impact the classification of the property in the trust. Property in a trust in one spouse’s name can be marital property subject to division in divorce.

Trial courts have broad discretion when dealing with maintenance requests. Owing to this discretion, there may be variations and differences between courts based on the individual worldview and philosophy of each individual judge. During a divorce proceeding, before the case is finalised, either party may request temporary maintenance pending the final outcome. Maintenance requests are gender-neutral and courts receive guidance for assessing maintenance claims from a number of statutory factors.

Missouri recognises both prenuptial agreements and postnuptial agreements. The state’s public policy does not oppose enforcing agreements regarding the division of property made in contemplation of marriage and in contemplation of the possible dissolution of the marriage. Both prenuptial and postnuptial agreements share the same standard, as they will not be enforced unless they are entered into “freely, fairly, knowingly, understandingly, and in good faith and with full disclosure” (Ferry v Ferry, 586 SW 2d 782, 787 (Mo App 1979); Miles v Werle, 977 SW 2d 297, 301 (Mo App 1998)).

Valid prenuptial agreements are enforceable and routinely upheld by Missouri courts.

In the absence of a contractual arrangement between the parties, Missouri law does not provide for asset division between unmarried persons. Unmarried cohabitants do not acquire any property rights by virtue of cohabitation for any period of time or by sharing children with one another.

When a party is non-compliant with a financial order, Missouri law offers a variety of enforcement and collection options. Missouri has adopted the Uniform Interstate Family Support Act and provides for co-ordination with other jurisdictions for the enforcement and collection of support orders.

Generally, Missouri courts are open to the public. However, there are guidelines and limitations for family law cases. Missouri Supreme Court Operating Rule 16 prohibits a “blanket prohibition” of all media coverage by local rule and provides for media coverage of judicial proceedings on a case-by-case basis if expressly authorised by the judge under specific conditions.

Missouri has strong policy favouring mediation of family law disputes. Missouri Supreme Court Rule 88.04 provides that the court may order mediation of any contested family law issue. The rule goes on to encourage circuits to adopt local rules to accommodate and provide procedures for the use of mediation. Attendance at court-ordered mediation is mandatory, and failure to attend a court-ordered session could lead to a finding of contempt of court. However, there is no obligation to reach an agreement through the mediation process. An agreement reached at mediation is a legally binding agreement (Section 162.959 of the Revised Statutes of Missouri). A settlement agreement requires approval of the court before it will become enforceable as a court order.

Missouri has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Section 452.700 of the Revised Statutes of Missouri). The UCCJEA uses the “home state” definition established by federal law in the Parental Kidnapping Prevention Act. “Home state” means the state in which a child has lived with a parent or a person acting as a parent for at least six consecutive months immediately prior to the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child has lived from birth with any of the persons mentioned. The nature of this definition implicates the concepts of domicile and residence in the event of a jurisdictional inquiry or challenge.

In the event of a dispute about the care and upbringing of their child, either parent may apply to the court for resolution. The court is obligated to determine custody in accordance with the best interests of the child. Missouri has a shared parenting presumption for the award of equal or approximately equal time to each parent. When the court makes a child custody decision, it is required under Section 452.375 of the Revised Statutes of Missouri to enter written findings of fact and conclusions of law, including the following non-exclusive list of factors:

• the wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties;
• the needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;
• the interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests;
• which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;
• the child’s adjustment to the child’s home, school and community – the fact that a parent sends their child or children to a home school or FPE (family-paced education) school shall not be the sole factor that a court considers in determining custody of such child or children;
• the mental and physical health of all individuals involved, including any history of abuse of any individuals involved – if the court finds that a pattern of domestic violence as defined in Section 455.010 of the Revised Statutes of Missouri has occurred and if the court also finds that awarding custody to the abusive parent is in the best interest of the child, then the court must:
1. enter written findings of fact and conclusions of law; and
2. order custody and visitation rights in a manner that best protects the child and any other child or children for whom the parent has custodial or visitation rights, as well as the parent or other family or household member who is the victim of domestic violence, from any further harm;
• the intention of either parent to relocate the principal residence of the child; and
• the unobstructed input of a child, free from coercion and manipulation, as to the child’s custodial arrangement.

Missouri has a separate statute concerning modification of custody after an initial custody determination (Section 452.410 of the Revised Statutes of Missouri). The appellate standard of review of child custody decisions by trial courts is abuse of discretion, which speaks to the broad oversight and decision-making authority enjoyed by trial courts when making child custody decisions.

Child support is based on established guidelines that are presumptive. Deviation from the application of the child support guidelines requires judicial approval and specific findings detailing the factors warranting the deviation. Child support obligations terminate as a matter of law when the child:

• dies;
• marries;
• enters active duty in the military;
• becomes self-supporting, provided that the custodial parent has relinquished the child from parental control by express or implied consent;
• reaches the age of 18, unless the provisions of subsection 4 or 5 of Section 452.340 of the Revised Statutes of Missouri apply; or
• reaches the age of 21, unless the provisions of the child support order specifically extend the parental support order past the child’s 21st birthday for reasons provided by subsection 4 of Section 452.340 of the Revised Statutes of Missouri.

If the child is physically or mentally incapable of supporting themselves and insolvent and unmarried, the court may extend the parental support obligation past the child’s 18th birthday. If – when a child reaches the age of 18 – the child is enrolled in and attending a secondary school programme of instruction, the support obligation shall continue if the child continues to attend and progresses towards completion of said programme, until the child completes such programme or reaches the age of 21 (whichever occurs first). A custodian of a minor child may apply for child support. A minor child may not apply for child support themselves.

Missouri courts have the power to issue orders concerning the welfare and upbringing of a child if the parents do not agree. Courts have recognised parental alienation as a factor in making child custody orders. An attempt by a parent to alienate a child from the other parent is a changed condition and can form the basis for a modification of custody (Eatherton v Eatherton, 725 SW 2d 125, 128 (Mo App 1987)).

As the mandatory factors for a child custody decision include the child’s input, the court may hear from a child in a variety of formats. The judge may interview the child in chambers ((Section 452.385 of the Revised Statutes of Missouri). If the judge determines that the child is a competent witness, a parent may call a child as a witness to testify in the courtroom. A guardian ad litem may also be appointed in cases involving child custody and will interview all persons with knowledge about the child’s preference(s), including the child.

See 2.9 Alternative Dispute Resolution (ADR).

See 2.8 Media Access and Transparency.