Process

Planning Your Timeline: How Long Divorce Takes in Missouri from Petition to Decree

10 min read
Aerial panoramic view of bridge over Missouri River with lush green forests, symbolizing the journey through Missouri's divorce timeline process

If you're facing divorce in Missouri, one of your first questions is likely "how long will this take?" Understanding Missouri's divorce timeline—from the mandatory 30-day waiting period to final decree—helps you plan financially, emotionally, and logistically for the months ahead. Before you begin, review our comprehensive guide to understanding the divorce process to prepare for what lies ahead.

According to Missouri Revised Statutes § 452.305, Missouri courts cannot enter a divorce decree until at least 30 days have elapsed since filing your petition. This mandatory waiting period applies to every dissolution case in Missouri—even fully agreed, uncontested divorces. But the 30-day minimum is rarely the full story; most divorces take significantly longer depending on complexity and cooperation.

Missouri Residency Requirements: The 90-Day Rule

Before you can even file for divorce in Missouri, you must satisfy the residency requirement. Under RSMo § 452.305, at least one spouse must have been a Missouri resident (or a servicemember stationed in Missouri) for the 90 days immediately preceding the filing date.

This is a jurisdictional requirement, meaning courts will verify it before proceeding. If you file too early—before the 90-day residency period is complete—your case may be dismissed and you'll need to refile, adding delays. Plan to establish 90 days of Missouri residency before filing your petition.

The Mandatory 30-Day Waiting Period

Missouri's 30-day waiting period is a statutory cooling-off requirement designed to give couples time to reconsider reconciliation before the divorce becomes final. According to RSMo § 452.305, no court may enter a final decree of dissolution until at least 30 days have passed since the filing date.

This means even the fastest uncontested divorce—where both spouses agree on all terms and submit complete paperwork immediately—cannot be finalized in less than 30 days. There are no exceptions or waivers for this waiting period in Missouri, regardless of urgency or special circumstances.

Uncontested Divorce Timeline: 2-3 Months

If you and your spouse agree on all major issues—property division, debt allocation, child custody, support, and maintenance—your divorce is considered uncontested. Missouri offers streamlined processes for these cases, including "dissolution by affidavit" in some counties.

Typical uncontested timeline:

  • Day 1: File verified Petition for Dissolution (Form CAFC001) with the Missouri Circuit Court, along with required financial statements (CAFC050 income/expenses, CAFC040 property/debt), and parenting plan (CAFC501) if you have children.
  • Days 1-7: Serve your spouse or have them sign an Entry of Appearance and Waiver (common in agreed cases).
  • Days 7-30: Your spouse files a verified Answer (CAFC010-R) agreeing to all terms; both parties complete any required parenting education classes if children are involved.
  • Day 30+: Earliest date the court can schedule your final hearing or approve dissolution by affidavit (if your county allows this streamlined option).
  • Days 60-90: Court reviews paperwork, holds brief prove-up hearing or approves affidavit, and enters final Judgment and Decree (CAFC070).

Most uncontested Missouri divorces finalize in 60 to 90 days from filing, depending on court dockets and how quickly you submit complete documentation. Greene County and other circuits publish "Dissolution by Affidavit" guidelines that can expedite agreed cases without requiring a formal court appearance.

Contested Divorce Timeline: 6-12+ Months

When spouses disagree on custody, property division, or financial matters, the case becomes contested. Missouri's contested divorce process involves discovery, temporary orders, possible mediation, and ultimately trial if settlement isn't reached. If you're weighing your options, learn more about whether litigation or mediation is the right path for your situation.

Typical contested timeline:

  • Months 1-2: Petition filed, respondent served, verified Answer filed with counterclaims; motions for temporary orders on custody, support, and exclusive home use (RSMo § 452.315).
  • Months 2-4: Discovery phase—exchange of financial documents, interrogatories, depositions; both parties submit proposed parenting plans; Form 14 child support calculations prepared.
  • Months 3-6: Mediation or alternative dispute resolution (ADR) ordered under Supreme Court Rule 17; many circuits require custody mediation by local rule.
  • Months 6-9: Pre-trial motions, settlement conferences, expert evaluations if custody or complex property issues are disputed.
  • Months 9-12+: Trial before a judge (no jury in Missouri divorce cases); court makes findings on custody best interests (RSMo § 452.375), property division (RSMo § 452.330), and support; final decree entered.

Jackson County's 16th Circuit reports that contested cases reach initial settings around 17 weeks from filing, with full resolution commonly taking 6 to 12 months depending on complexity, expert involvement, and docket conditions. High-asset cases involving business valuations, retirement account division (QDROs), or extensive discovery can extend beyond a year.

Missouri Divorce Grounds: Functionally No-Fault

Missouri operates as a functionally no-fault divorce state. Under RSMo § 452.320, if both spouses (or one without denial by the other) state under oath that the marriage is "irretrievably broken," the court can dissolve it without requiring proof of fault.

If one spouse denies the marriage is irretrievably broken, the petitioner must prove at least one of five fault-like facts: adultery, intolerable conduct, six-month abandonment, 12-month mutual separation, or 24-month separation. However, most Missouri divorces proceed on the "irretrievably broken" no-fault ground without dispute.

Special Requirements for Divorces Involving Children

Missouri imposes additional requirements when minor children are involved. According to RSMo § 452.310, both parties must submit proposed parenting plans within 30 days of service or entry of appearance.

Parenting plans must detail residential schedules (weekdays, weekends, holidays), decision-making authority (education, health, activities), expense allocation, and dispute resolution procedures. Missouri's best-interest statute now includes a rebuttable presumption that equal or approximately equal parenting time is in the child's best interests.

Additionally, many Missouri circuits require parents to complete parenting education classes before finalizing the divorce. For example, Jackson County's FOCIS (Focus on Children in Separation) program costs $47 per parent and must be completed before the final hearing.

Child Support Calculation: Form 14 Worksheet

Missouri child support follows Supreme Court Rule 88.01 and Civil Procedure Form 14. The Form 14 result is the "presumed" correct amount; courts must either award that figure or make written findings explaining why the presumed amount is unjust or inappropriate.

Form 14 considers both parents' gross monthly income, work-related childcare costs, health insurance premiums, extraordinary medical expenses, and credits for overnight parenting time. Courts rarely deviate from the Form 14 calculation without substantial justification.

Estimate Your Missouri Divorce Costs

Missouri divorce costs vary significantly based on complexity and county. Filing fees range from approximately $132.50 (Greene County) to higher amounts in larger jurisdictions, plus service fees (around $55 for sheriff service) and parenting class fees if children are involved.

Use our calculator below to estimate your total divorce costs in Missouri, including court fees, attorney fees (if applicable), and additional expenses like mediation or custody evaluations.

Divorce Cost Calculator

Get a personalized estimate of your potential divorce costs based on your situation and location

Your Information

$
$
$

Significant disagreements requiring legal help

Child custody/support decisions needed

You've agreed how to divide property

Estimated Total Cost

$0

Based on your Missouri location

Cost Breakdown

Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.

Required Missouri Divorce Forms

Missouri courts provide standardized statewide forms through the Missouri Courts Dissolution Forms page. Key forms include:

  • CAFC001: Petition for Dissolution of Marriage (verified)
  • CAFC050: Statement of Income and Expenses
  • CAFC040: Statement of Property and Debt with Proposed Separation Agreement
  • CAFC010-R: Respondent's Answer to Petition
  • CAFC501: Parenting Plan (required for cases with children)
  • Form 14: Child Support Amount Calculation Worksheet with Directions and Schedule
  • CAFC070: Judgment and Decree of Dissolution of Marriage

Many counties also require local forms such as confidential case information sheets and proof of parenting class enrollment. Check your specific circuit court's website for county-specific requirements.

Step-by-Step Missouri Divorce Process

  1. Establish 90-day residency: Verify at least one spouse has lived in Missouri for 90 days before filing.
  2. Prepare and file petition: Complete CAFC001 (verified), financial statements (CAFC050, CAFC040), and parenting plan (CAFC501) if children are involved; file with your county's Circuit Court clerk.
  3. Pay filing fees: Approximately $132.50-$200+ depending on county; additional fees for service and parenting classes.
  4. Serve your spouse: Personal service by sheriff/process server, or have respondent sign Entry of Appearance and Waiver in uncontested cases.
  5. Wait 30 days minimum: Statutory cooling-off period before any final decree can be entered.
  6. Complete discovery (contested cases): Exchange financial documents, interrogatories, depositions; complete Form 14 child support calculations.
  7. Attend mediation (if ordered): Many circuits require mediation under Supreme Court Rule 17, especially for custody disputes.
  8. Final hearing or affidavit: Uncontested cases may finalize by affidavit; contested cases proceed to bench trial with written findings.
  9. Receive final decree: Court enters Judgment and Decree (CAFC070) addressing all issues—custody, support, property, debts, and name changes.

Frequently Asked Questions

Can I waive the 30-day waiting period in Missouri? No. The 30-day waiting period under RSMo § 452.305 is mandatory with no exceptions, regardless of circumstances or urgency.

How long do I need to live in Missouri before filing for divorce? At least one spouse must have been a Missouri resident (or servicemember stationed in Missouri) for 90 days immediately preceding the filing date.

What if my spouse and I agree on everything? Even fully agreed uncontested divorces must wait 30 days, but you can typically finalize within 60-90 days using streamlined procedures like dissolution by affidavit.

Do I need a lawyer for an uncontested Missouri divorce? Missouri allows self-representation, and courts provide standardized forms. However, even uncontested cases benefit from legal review to ensure property division, child support calculations, and parenting plans comply with Missouri law.

How is child support calculated in Missouri? Child support uses Form 14 under Supreme Court Rule 88.01. The Form 14 result is presumptively correct; courts must explain any deviations with written findings.

Disclaimer

This article provides general information about Missouri divorce timelines and procedures and should not be construed as legal advice. Divorce laws are complex and vary by county; individual circumstances differ significantly. For advice tailored to your specific situation, consult a qualified Missouri family law attorney. The information presented here is current as of the publication date but may change as Missouri statutes and court rules are updated.

Related Articles

Planning Your Timeline: How Long Divorce Takes in Indiana from Petition to Decree
Process

Planning Your Timeline: How Long Divorce Takes in Indiana from Petition to Decree

Complete Indiana divorce timeline guide covering the mandatory 60-day waiting period, uncontested (2-4 months) and contested (8-12 months) timelines, and the summary dissolution decree process.

Planning Your Timeline: How Long Divorce Takes in Indiana from Petition to Decree
Planning Your Timeline: How Long Divorce Takes in Maryland from Petition to Decree
Process

Planning Your Timeline: How Long Divorce Takes in Maryland from Petition to Decree

Complete Maryland divorce timeline guide covering the 2023 law changes, 6-month separation requirement, uncontested (2-4 months) vs contested (9-12 months) timelines, and mutual consent divorce process.

Planning Your Timeline: How Long Divorce Takes in Maryland from Petition to Decree