Residency Requirements for a Divorce

What are the Residency Requirements for a Divorce?

Do I Have to Live in Missouri to Start a Divorce?

In Missouri, in order to have a final dissolution signed by the Judge, the court must find that:

1. One of the parties has been a resident of this state, or is a member of the armed services who has been stationed in this state, for ninety days immediately preceding the commencement of the proceeding and;
2. That thirty days have elapsed since the filing of the petition in order to conclude the case.

  Of course, there are other residency requirements for a divorce that need to be met in order for the Court to finalize a dissolution/divorce, but this is the basic requirement regarding residency.  Hence, in answering the above question; being a Missouri Resident is not necessarily a requirement, but if you are not, your soon-to-be ex-spouse needs to be.  You can start a dissolution/divorce proceeding even if you are not a Missouri Resident, but the Court will not grant a final Order unless the above is met.  Additional consideration should be taken if the children are residents, located in the state or out of state, a topic to be addressed elsewhere.  

The full version of RSMO 452.305 is as follows

452.305.  Judgment of dissolution, grounds for — legal separation, when — judgments to contain Social Security numbers. — 1.  The court shall enter a judgment of dissolution of marriage if:

  (1)  The court finds that one of the parties has been a resident of this state, or is a member of the armed services who has been stationed in this state, for ninety days immediately preceding the commencement of the proceeding and that thirty days have elapsed since the filing of the petition; and

  (2)  The court finds that there remains no reasonable likelihood that the marriage can be preserved and that therefore the marriage is irretrievably broken; and

  (3)  To the extent it has jurisdiction, the court has considered and made provisions for child custody, the support of each child, the maintenance of either spouse, and the disposition of property.

  2.  The court shall enter a judgment of legal separation if:

  (1)  The court finds that one of the parties has been a resident of this state, or is a member of the armed services who has been stationed in this state, for ninety days immediately preceding the commencement of the proceeding and that thirty days have elapsed since the filing of the petition; and

  (2)  The court finds that there remains a reasonable likelihood that the marriage can be preserved and that therefore the marriage is not irretrievably broken; and

  (3)  To the extent it has jurisdiction, the court has considered and made provisions for the custody and the support of each child, the maintenance of either spouse, and the disposition of property.

  3.  Any judgment of dissolution of marriage or legal separation shall include the last four digits of the Social Security numbers of the parties.  The full Social Security number of each party and each child shall be retained in the manner required under section 509.520.

Residency Requirements for Filing a Missouri Divorce

In Missouri, the residency requirements for filing a divorce petition vary based on the type of divorce sought: no-fault or fault-based divorce. It is important to consult with a qualified attorney to ensure you meet all the necessary legal criteria, but the following guidelines provide a general overview.

1. No-Fault Divorce:

In a no-fault divorce, you and your spouse mutually agree to end your marriage without assigning blame to either party. To file for a no-fault divorce in Missouri, at least one of the spouses must be a resident of the state. The residency requirement stipulates that the petitioner (the spouse initiating the divorce) must be a resident of Missouri for a minimum of 90 days before filing the petition. If you satisfy this requirement, you can file for divorce in the county where either you or your spouse resides.

2. Fault-Based Divorce:

In a fault-based divorce, one party alleges that the other spouse committed specific marital misconduct, such as adultery, abandonment, or abuse. To file for a fault-based divorce in Missouri, the petitioner must meet the same residency requirement as in a no-fault divorce—being a resident of Missouri for at least 90 days. Additionally, the petitioner must demonstrate proof of the alleged misconduct. If you are contemplating a fault-based divorce, it is crucial to consult with a qualified attorney to gather the necessary evidence and understand the legal process.

Factors to Consider

While the residency requirements for a divorce is essential, it is not the only factor to consider when filing for divorce in Missouri. Here are a few additional aspects to keep in mind:

1. Jurisdiction: Even if you meet the residency requirements, you must ensure that the court has jurisdiction over your case. Generally, you will file for divorce in the county where you or your spouse resides.

2. Legal Representation: Divorce proceedings can be complex, and it is advisable to seek legal representation from an experienced divorce attorney. They will guide you through the legal process, ensure your rights are protected, and assist in gathering the necessary documentation.

3. Child Custody and Support: If you have children, divorce involves determining child custody, visitation rights, and child support. Familiarize yourself with Missouri’s laws regarding child custody and support to ensure the best interests of your children are considered.

4. Property Division: Missouri follows the principle of equitable distribution when dividing marital property. Understanding the state’s laws and consulting with an attorney can help protect your rights and ensure a fair division of assets.

Conclusion

When considering a divorce in Missouri, understanding the residency requirements is crucial for initiating the legal process. While you must be a resident of Missouri for at least 90 days before filing, the guidance of an experienced attorney is highly recommended to navigate the complex divorce proceedings effectively. Consulting with legal professionals will help ensure that your rights are protected and that you have the necessary information to make informed decisions throughout the divorce process.