How to File for Divorce in Missouri: Step-by-Step Process

Confirm You Meet Missouri's Residency Requirement

Before anything else, at least one spouse must have lived in Missouri continuously for 90 days immediately before filing the petition. Military members stationed in Missouri qualify too. You don't need both spouses to be Missouri residents — just one.

If your spouse recently moved out of state but you still live here, you can file. If you both live elsewhere, Missouri courts won't take your case.

You'll file in the Circuit Court of the county where either you or your spouse currently resides. If your spouse resides in a different Missouri county, they may move to transfer the case there if the children lived in that county during the 90 days before filing or if the transfer serves the children's best interests — something worth knowing before you choose where to file.

Complete the Litigant Awareness Program

Missouri Supreme Court Rule 88.09 requires every self-represented party to finish the free online Litigant Awareness Program (LAP) before the court will docket your case. You'll find it at selfrepresent.mo.gov.

The program covers court procedures, available resources, and what judges expect from pro se litigants. Print your completion certificate — you'll need to file it with the clerk.

This step catches a lot of people off guard. If you skip it, the clerk can refuse to process your paperwork until the certificate is on file.

Prepare Your Court Forms

Missouri uses standardized forms created by the Office of State Courts Administrator. Here's the core set:

• Petition for Dissolution of Marriage (CAFC001): This starts the case. It covers your marriage details, separation date, residency, and what you're asking the court to do. It must be signed in front of a notary.
• Confidential Case Filing Information Sheet (FI-10): Collects Social Security numbers and other sensitive identifiers. This stays sealed — it won't appear on the public Case.net system.
• Statement of Property and Debt (CAFC040): A complete inventory of marital and non-marital assets and debts. Signed under penalty of perjury.
• Statement of Income and Expenses (CAFC050): Itemizes your gross monthly income and living expenses. Also verified under oath.

If you have minor children, add:

• Parenting Plan (CAFC501, Parts A & B): Spells out legal custody, physical custody, visitation schedules, and parenting rules.
• Form 14 Child Support Worksheet: The mathematical formula Missouri uses to calculate child support. You'll need recent tax returns and your last two paystubs as backup.

All of these forms are free to download from selfrepresent.mo.gov.

File Your Case and Pay the Filing Fee

Take your completed forms to the Circuit Clerk's office in your chosen county. Some counties also accept documents via secure email through the state court website — check your local circuit's procedures.

Filing fees vary by county. Expect to pay between $130 and $250 depending on where you file and whether children are involved. St. Louis County charges around $145–$149. Jackson County charges $177–$177.50. Greene County ranges from $130 (no kids) to $250 (with children).

Can't afford it? File a "Motion and Affidavit in Support of Request to Proceed as a Poor Person" (Form GN10 / FI-50, depending on the circuit) at the same time. You'll need to document your income, expenses, and assets under oath. In Jackson County, showing proof of receiving SNAP, SSI, TANF, or other public benefits can streamline approval.

Serve Your Spouse

After filing, the clerk issues a summons, which must be served on your spouse within 30 days of receiving the court seal. Three main options:

Sheriff or process server: The county sheriff's office serves the papers in person. St. Louis County charges $36. You can also request a private process server through the court.

Certified mail: With court permission, the clerk can send papers by certified mail with a return receipt. The catch — your spouse must be the one who signs the receipt. If someone else signs, the service is legally defective.

Entry of Appearance: If your spouse is cooperative, they can sign a notarized Entry of Appearance or file their own Answer (Form CAFC010-R). This waives the need for formal service entirely and saves you the service fee.

Wait Through the 30-Day Cooling-Off Period

Missouri law imposes a mandatory 30-day waiting period before any judge can sign a final dissolution decree. This clock starts on the day you file the petition — not the day your spouse is served.

No exceptions, no waivers, no way to speed it up. Use this time productively: complete the LAP if you haven't, attend your parenting education class if children are involved, and finalize your financial disclosures.

What Happens Next Depends on Your Spouse's Response

Your case will follow one of three paths:

Uncontested: Your spouse agrees to all terms and files a cooperative Answer. If there are no children and both parties agree, some counties let you submit everything by affidavit without a hearing. With children, expect a brief final hearing on the pro se docket.

Default: Your spouse was properly served but doesn't file an Answer within 30 days. You file a Motion for Default, and the court schedules a hearing where you present your proposed terms. The judge still has to find your property division and custody arrangements fair.

Contested: Your spouse disagrees on custody, property, support, or the divorce itself. This can trigger formal discovery, court-ordered mediation under RSMo § 452.372 when custody or visitation is involved, and eventually a bench trial. Contested cases typically take 6 to 18 months.

The Missouri Divorce Filing Process Guide walks you through every form, deadline, and county-specific rule in sequence — so nothing falls through the cracks during the weeks between filing and your final hearing.

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