USA – MISSOURI Law and Practice Contributed by: Aaron Bundy, Bundy
1. Divorce 1.1 Grounds, Timeline, Service and Process A petition for dissolution of marriage must allege that the marriage is irretrievably broken and that, as such, there remains no reasonable likelihood that the marriage can be preserved (Section 452.310 of the Revised Statutes of Missouri). The grounds for divorce apply equally to same-sex spouses. Civil unions are not officially recognised in Missouri; however, some cities recognise domestic partnerships and confer some of the rights of a marital relationship. A divorce action is only initiated through the com ‑ mencement of a court proceeding by way of filing a petition. Missouri has a minimum residency require ‑ ment of 90 days prior to filing a petition for dissolu ‑ tion of marriage. The 90-day requirement also applies to members of the armed forces stationed in but not residents of Missouri. A dissolution petition must be served upon the respondent with a summons. The respondent’s response to the petition is called an “answer” and is due within 30 days of service of the petition and sum ‑ mons. A divorce may not be granted unless 30 days have elapsed from the date of filing of the petition (Section 452.305 of the Revised Statutes of Missouri). Missouri law provides for legal separation. A petition for legal separation must allege that the marriage is not irretrievably broken and that thus there remains a reasonable likelihood that the marriage can be pre ‑ served (Section 452.310 of the Revised Statutes of Missouri). The residency and waiting period require ‑ ments for legal separation are the same as those for divorce. 1.2 Choice of Jurisdiction in Divorce Proceedings Residency is a jurisdictional fact that must be pled and proven. The terms “residence” and “domicile” may be used interchangeably in Missouri. Residence is a mat ‑ ter of intent to be determined by statements, actions, and all other facts and circumstances. To establish residence in Missouri, a petitioner must show actual personal presence and an intention to remain either permanently or for an indefinite time, with no purpose
to return to a former residence. The respondent to a dissolution action may contest jurisdiction based on lack of residency. Missouri trial courts have the discretionary authority to stay proceedings if it deter ‑ mines that another action is pending. The granting or refusing of a stay is purely discretionary. A stay of proceedings in Missouri is possible in divorce matters involving child custody if the Missouri court finds that it is an inconvenient forum and a court of another state is a more appropriate forum (Section 452.770 of the Revised Statutes of Missouri).
2. Financial Proceedings 2.1 Choice of Jurisdiction in Financial Proceedings
Either spouse may request maintenance in an action for dissolution or legal separation. Maintenance may be requested after the dissolution of marriage by a court that lacked personal jurisdiction over the absent spouse (Section 452.335 of the Revised Statutes of Missouri). The 90-day minimum residency requirement prior to filing applies to requests for maintenance. 2.2 Service and Process in Financial Proceedings The requirements for service in financial proceedings are the same as in other civil cases. A spouse seeking maintenance must demonstrate a need due to lack of property and an inability to support oneself. Each spouse has an affirmative duty to seek employment, but this requirement may be negated if the spouse seeking maintenance is the custodian of a child whose condition or circumstances make it appropriate for the custodian not to be required to seek employment outside the home. Once the spouse seeking mainte ‑ nance meets the threshold showing of need, the court must consider a number of factors to determine the amount and duration for support (Section 452.335 of the Revised Statutes of Missouri). 2.3 Division of Assets In a proceeding for dissolution of marriage or legal separation, the court is required to set aside to each spouse that spouse’s non-marital (separate) property and divide marital property and debts in a manner that the court deems just after considering all relevant
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