Can I File for Divorce in Missouri?

The state of Missouri has unique residency requirements for people who wish to divorce. You must meet these state-specific requirements prior to filing with the Missouri Divorce Court. The Missouri residency requirements are as follows:

One party must be a resident of the state of Missouri, 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 thirty days must have elapsed since the filing of the petition before the dissolution of marriage will be granted.

An original proceeding shall be commenced in the county in which the petitioner resides or in the county in which the respondent resides. (Missouri Statutes - Title 30 - Chapter 452 - Sections: 300 and 305)

If you DO NOT meet at least one of the above Missouri residency requirements, you have the following options:

• Establish residency in Missouri for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
• Have your spouse do the filing if he or she meets the Missouri residency requirements.
• Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).

You must be a resident of Missouri for 90 days prior to filing for divorce. Your petition will have a statement that you are signing and testifying to your residency. Also an affidavit of a corroborating witness testifying to the residency of the petitioner may be required. A Missouri driver's license or state identification is sufficient if the court requires proof for some reason.

If you are in the military you must also be stationed in Missouri for 90 days immediately before you can file for divorce.