Missouri Divorce Records

Divorce in Missouri is the legal process of formally and legally ending a marital union. Divorce in Missouri, like in many states across the United States, involves legal processes aimed at dissolving marriages when reconciliation is no longer feasible. Divorce in Missouri may be fault-based or no-fault-based. The divorce process begins when one spouse files a Petition for Dissolution of Marriage in the appropriate Circuit Court. Once all issues are resolved through settlement or court order, the court will issue a Judgment of Dissolution of Marriage.

In 2002, Missouri recorded a divorce rate of 2.7 divorces per 1,000 residents. It is slightly higher than the national average of 2.4 divorces per 1,000 people. Divorce records in Missouri are generally considered public records. They are accessible online, offline, or through third-party platforms.

What are Divorce Records?

Divorce records in Missouri are official documents detailing the legal dissolution of a marriage. These records, maintained by the Circuit Courts, are considered public records, meaning they are accessible by anyone unless specific information seals or restricts access to the documents.

Divorce records in Missouri typically include the initial document filed by the spouse seeking the divorce, the divorce decree, and settlement agreements on issues such as property division, child custody, and support. Divorce records also include any temporary arrangements made during the divorce process, such as temporary child custody or support, and financial disclosures detailing each spouse's economic situation, including income, assets, and expenses.

Divorce records are maintained for several reasons. They provide a formal record of the legal dissolution of a marriage, which is important for future legal matters, including name change or remarriage. Divorce records help to enforce court orders related to property division, spousal support, and child custody. Divorce records are public records. Therefore, they ensure transparency and accountability in the legal system. Divorce records serve as historical documents for genealogical research or other purposes. Divorce records in Missouri include the following information:

Names and addresses of the parties involved
The marriage duration
The case information, including the case number, filing date, and court name
The grounds for divorce
The divorce decree, including the final judgment, spousal support, asset division, and custody arrangements

Are Divorce Records Public in Missouri?

Yes. In Missouri, divorce records are generally considered public records, which means they are accessible to the public unless they have been sealed or restricted by the court. Per Chapter 610 of the Revised Statute of Missouri (RSMo), most court records, including divorce are publicly accessible to anyone who requests the record. Per the law, all public records are open to the public unless otherwise provided by law. Divorce records are accessible through the Circuit Court in the county where the divorce was filed. Some counties provide online access to court records, which includes divorce records, through the Missouri CaseNet system.

Although divorce records are public, certain information is sealed or restricted to protect privacy. Chapter 610.021 of the RSMo outlines exemptions to public records, including those that can be closed for confidential, sensitive, or private reasons. The following information on divorce records is publicly accessible:

Child custody records, including custody arrangements, child support information, and personal information about the children
Financial information, including financial statements and assets valuation reports
Personal safety orders, such as restraining or protective orders
Personal information, including the home address and phone numbers of the parties involved
Mental health evaluations or assessment conducted as part of the divorce process

Divorce Stats and Rates in Missouri

According to the National Center for Health Statistics, in 2022, Missouri reported 2.7 divorces per 1,000 residents, slightly higher than the national average. Missouri's divorce rate is significantly higher than neighboring states Iowa and Illinois, which have a divorce rate of 2.0 divorce per 1,000 and 1.1 divorce per 1,000 residents. Although Missouri's divorce rates are higher than its neighbors, the state divorce rate has declined steadily over the years.

In 2017, Missouri had a divorce rate of 3.1 divorce per 1,000. Between 2002 and 2022 the highest divorce rate recorded was in 2002 where the divorce rate was 4.0 divorce per 1,000 persons. Since 2002 to the present Missouri divorce rates have fallen steadily and consistently.

Grounds for Divorce in Missouri

In Missouri, divorce can be sought on no-fault and fault-based grounds. Missouri is a no-fault divorce state, meaning that either spouse does not need to prove that the other spouse is at fault for the dissolution of the marriage. Per Section 452.320 of the RSMo, the primary no-fault ground is that the marriage is irretrievably broken. This means that the couple cannot resolve their differences and there is no hope for reconciliation. This is the most common ground for divorce in Missouri.

While Missouri primarily uses no-fault grounds, fault-based grounds can be cited in certain cases, especially if they affect issues such as property division or spousal divorce. Per Section 452.320 of the RSMo, the following are the grounds for divorce in Missouri:

Adultery
One spouse behaving in a manner that the other cannot reasonably be expected to live with
Abandonment for at least six months preceding the filing of the petition
Both parties consented to living separately and have done so for 12 months preceding the filing of the petition
The parties to the divorce have lived separately and apart for a continuous period of 24 months

How to File for Divorce in Missouri

Filing for divorce in Missouri involves several steps, from preparing necessary documents to navigating court procedures to obtain the divorce decree. Before filing for divorce in Missouri, one of the spouses must meet the residency requirements. Per Section 452.305 of the RSMo, one of the parties to the marriage must live in the state for at least 90 days before filing the divorce petition.

Prepare the Necessary Documents: The spouse filing for the divorce also called the petition, must have information and documents such as a financial statement, parenting plan, settlement agreement, and the marriage dissolution form to file for the divorce
File the Petition: The petitioner files the completed Petition for Dissolution of Marriage with the Circuit Court in the county where either spouse resides
Serve the Petition: Once filed, the petitioner then serves the divorce papers to the other spouse, known as the respondent
Respond to the Petition: In Missouri, the respondent has 30 days to respond. They can agree with the terms, contest the divorce, or propose changes to the settlement
Negotiation and Mediation: Where there are disagreements, the courts may schedule hearings to resolve the contested issues, such as child support and property division
Finalize the Divorce: When all issues are resolved through negotiation or court decision, the court will issue a final judgment of dissolution of marriage. This document officially ends the marriage and outlines the terms of the divorce. Typically, it includes child custody, child visitation, and division of assets. While Missouri primarily uses no-fault grounds, fault-based grounds are used if they affect issues, such as property division or spousal divorce. Per Section 452.320 of the RSMo, the following are the grounds for divorce in Missouri:

Missouri Divorce Decree

A divorce decree in Missouri is a court order that finalizes a divorce. It outlines the terms agreed on by both parties or decided by the court. A divorce decree in Missouri is legally binding, and failure to adhere to the terms of the divorce decree can result in contempt.

The content of a Missouri divorce decree includes the full names of the petitioner and the respondent. It also contains case information, such as the case number, court name, and filing date. Divorce decree states the grounds for divorce, either fault-based or no-fault grounds. The document also contains custody and visitation information, parenting plan, and child support, including the amount, payment schedule, and duration. The amount, duration, and conditions for paying spousal support are included in the divorce decree. Lastly, any other relevant orders, such as restraining orders or name changes are included in a Missouri divorce decree.

In Missouri, divorce decrees are maintained by the Circuit Court Clerk's Office in the county where the divorce was granted. These records are typically accessible to the public, though access may be restricted for certain sensitive information. Individuals may contact the Circuit Court Clerk's Office in the county where the divorce was finalized. Requests for divorce records may be in person, by mail, or online, depending on the county's procedures.

How to Find and Access Missouri Divorce Records

Divorce records in Missouri are publicly accessible to anyone who requests the records. Divorce records are maintained by the Circuit Court Clerk’s Offices across the state. Divorce records from Missouri are accessible offline, online, or through third-party sources.

Offline Access

Offline access to Missouri divorce records is through a personal visit to the courthouse where the divorce was filed and finalized. Some counties may require record seekers to fill out an application form and provide identification before accessing the records. Also, each county charges a fee for copies of the document. The fee varies by county and the number of pages requested. Users may also, mail requests divorce records requests by mail.

Online Access

Some Missouri counties provide online access to court records. Users can look up divorce records online by visiting the website of the Circuit Court Clerk’s Office in the county where the divorce was granted. Look for an online records search or case search feature. Also, the Missouri Judiciary provides an online resource to search for case information statewide. This resource also includes records on divorce.

Third-Party Access

Third-party platforms aggregate public records from various sources and provide online access to these records, for a fee. Accessing divorce records through third-party platforms can be a convenient alternative to obtaining records directly from the Circuit Court Clerk’s Office in Missouri. However, there are potential risks associated with using third-party platforms. Also, records from the platform may be inaccurate and unreliable.

References

Counties in Missouri

List of Content

What are Divorce Records?
Are Divorce Records Public in Missouri?
Divorce Stats and Rates in Missouri
Grounds for Divorce in Missouri
How to File for Divorce in Missouri
1. Missouri Divorce Decree
How to Find and Access Missouri Divorce Records