USA – MISSOURI Law and Practice Contributed by: Aaron Bundy and Hannah Lange, Bundy Law
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 rec - ognised in Missouri; however, some cities rec - ognise domestic partnerships and confer some of the rights of a marital relationship. A divorce action is only initiated through the commencement of a court proceeding by way of filing a petition. Missouri has a minimum resi - dency requirement of 90 days prior to filing a petition for dissolution 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 peti - tion and summons. A divorce may not be grant - ed 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 preserved (Section 452.310 of the Revised Statutes of Missouri). The residency and waiting period requirements for legal sepa - ration are the same as those for divorce.
1.2 Choice of Jurisdiction 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 matter of intent to be determined by statements, actions, and all other facts and circumstances. To establish residence in Missouri, a petitioner must show actual per - sonal 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 determines that another action is pending. The granting or refusing of a stay is purely discretionary. A stay of proceed - ings 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 (Sec - tion 452.770 of the Revised Statutes of Missouri). Either spouse may request maintenance in an action for dissolution or legal separation. Main - tenance may be requested after the dissolution of marriage by a court that lacked personal juris - diction 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 2. Financial Proceedings 2.1 Choice of Jurisdiction The requirements for service in financial pro - ceedings 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
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