2025 Divorce Filing Checklist for Missouri

Filing for dissolution of marriage in Missouri requires 90-day state residency, a mandatory 30-day waiting period after filing, and filing in Circuit Court under no-fault "irretrievably broken" grounds. This checklist covers Missouri's verified petition requirements, parenting plans, Form 14 child support calculations, and 2025 filing costs.

Step 1: Verify 90-Day Residency and 30-Day Waiting Period

Missouri has two critical timing requirements under RSMo 452.305:

• 90-Day Residency: At least one spouse must have been a Missouri resident (or a servicemember stationed in Missouri) for the 90 days immediately before filing. This is a jurisdictional requirement—you must both plead and prove it if challenged.
• 30-Day Waiting Period: No decree may be entered until at least 30 days have elapsed after filing, regardless of whether your case is contested or uncontested.

File your petition in the Circuit Court's Domestic Relations Division in the county where either you or your spouse resides. Under Missouri's venue statute (§ 508.010), venue is proper where the defendant resides or where the plaintiff resides and the defendant may be found. Uncontested cases often occur in the filer's home county.

Step 2: Understand Missouri's No-Fault Grounds

Missouri is functionally a no-fault state. Under RSMo 452.320, if both parties (or one without denial by the other) state under oath that the marriage is "irretrievably broken" (meaning no reasonable likelihood of preservation), the court can dissolve the marriage after a brief hearing.

If a spouse denies the marriage is irretrievably broken, the petitioner must prove one or more of five statutory facts:

• Adultery and it's intolerable for petitioner to live with respondent
• Behavior such that petitioner cannot reasonably be expected to live with respondent
• Abandonment for 6 months
• 12 months of mutual separation
• 24 months of separation

Most cases proceed on the straightforward "irretrievably broken" ground without need for fault-based evidence. This simplifies the process and reduces conflict.

Step 3: Gather Required Forms and Documents

Missouri provides standardized forms through the Missouri Courts website. Required forms include:

• CAFC001 Petition for Dissolution of Marriage – Must be verified (signed under oath before a notary)
• CAFC050 Statement of Income and Expenses – Detailed financial disclosure
• CAFC040 Statement of Property and Debt and Proposed Separation Agreement – Asset and debt inventory
• CAFC501 Parenting Plan – Required in all cases with minor children; both parties must submit proposed plans
• Form 14 Child Support Worksheet – Missouri Supreme Court-mandated calculation under Rule 88.01
• CAFC070 Judgment and Decree of Dissolution – Proposed final decree
• Confidential Case Filing Information Sheet (FI-10) – County-specific form
• Certificate of Dissolution of Marriage – Required for vital records

County-Specific Forms: Many circuits require additional local forms. Check your county's Circuit Court website for local income/expense sheets, case information forms, and parenting education class requirements. For example:

• Jackson County (16th Circuit): FOCIS program enrollment required when minor children are involved (approximately $47 per parent)
• Greene County: Family Education Order required
• Clay County: FI-10 Family Court information sheet

Step 4: Complete the Litigant Awareness Program

Before filing, Missouri requires completion of the Litigant Awareness Program. This involves watching an educational video and reading basic information about your case type. Print your Certificate of Completion—it must be filed with your petition.

If you have minor children, both parents must also complete a parent education program during the case. Jackson County uses FOCIS (Focusing on Children in Separation), which consists of approximately 6 hours of instruction available online or in person.

Step 5: File Your Petition and Pay Filing Fees

File your completed forms with the Circuit Court Clerk in your county. Filing fees vary by county due to locally-set surcharges. As of 2025:

• Greene County (Springfield): $132.50 filing fee; sheriff service $55 inside county; publication $140 if needed
• Jackson County (Kansas City): Fees posted on 16th Circuit website; separate per-defendant service charges apply

Additional costs to plan for:

• Certified mail service (alternative to sheriff service)
• Parent education program ($47 per parent in Jackson County)
• Mediation fees (if ordered or agreed)

Fee Waivers: If you cannot afford the filing fee, file an application asking that fees be waived (In Forma Pauperis). The court will review your financial situation to determine eligibility.

E-Filing: Attorneys must e-file statewide. Self-represented litigants typically file in person or by mail at the clerk's office, though some circuits are implementing SRL e-filing options. Check your county's specific requirements.

Step 6: Serve Your Spouse and 30-Day Response Deadline

After filing, you must have your spouse formally served (you cannot serve your own papers). Service options include:

• Sheriff or Process Server: Personal service inside or outside Missouri (Rules 54.13 and 54.14)
• Mail with Acknowledgment: First-class mail with required notice/acknowledgment forms under Rule 54.16; if not returned, switch to another method
• Service by Publication: Allowed with court approval if you cannot locate your spouse after diligent efforts; requires verified statement detailing efforts
• Entry of Appearance and Waiver: In uncontested cases, respondent can sign a notarized waiver instead of formal service; many clerks provide templates

Your spouse must file a verified answer within 30 days after service (CAFC010-R form). Failure to answer can lead to default entry and default judgment, though courts disfavor defaults in dissolution cases, especially when custody or support are at stake.

Step 7: Navigate Parenting Plans and Child Support

If you have minor children, both parties must file proposed parenting plans, typically within 30 days after service or entry of appearance. Plans must cover:

• Specific residential schedule (weekdays, weekends, holidays, transfers)
• Decision-making authority (education, health, activities)
• Expense allocation
• Dispute resolution procedures
• Telephone/electronic access

Equal Parenting Time Presumption: Missouri law under RSMo 452.375 now includes a rebuttable presumption that "equal or approximately equal" parenting time is in a child's best interests. This presumption can be rebutted by a preponderance of evidence. Courts must make written findings on statutory best-interest factors when there's no agreement.

Child Support Calculation: Missouri uses Supreme Court Form 14 under Rule 88.01. The Form 14 result is the "presumed" correct amount. Courts either award that figure or make written findings explaining why it's unjust/inappropriate and deviate accordingly. The Schedule of Basic Child Support Obligations and Directions are published by Missouri Courts.

Step 8: Finalize Your Dissolution After 30 Days

After the mandatory 30-day waiting period:

• Uncontested Cases: If all terms are settled and documentation is complete, some circuits finalize by affidavit or brief "prove-up" hearing. Jackson County reports uncontested cases average around 11 weeks from filing to finalization (though this depends on court scheduling).
• Contested Cases: Cases with disputed custody or financial issues proceed through discovery, possible mediation (often ordered in custody disputes), and trial. Contested cases average around 17 weeks to an initial setting in Jackson County, with overall length depending on complexity. Courts aim to finish within 12 months.

The final Judgment and Decree must address:

• Custody and parenting time
• Child support
• Maintenance (alimony), if applicable
• Property and debt division (equitable distribution under RSMo 452.330)
• Any name change

Missouri is an equitable distribution state—courts set aside nonmarital property and divide marital property/debts equitably after considering statutory factors including economic circumstances, contributions (including homemaking), conduct, and custodial arrangements.

Estimate Your Missouri Dissolution Costs

Beyond filing fees, Missouri dissolution costs vary based on complexity, attorney fees (typically $200-$400/hour), mediation costs, parent education program fees, and whether experts are needed. For strategies to minimize expenses, review our guide on how to save money on divorce. Use this calculator to estimate your total costs: