Missouri Divorce Laws

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• 452.305. Judgment of dissolution, grounds for.
  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 provision for child custody, the support of each child, the maintenance of either spouse and the disposition of property.
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• Section 452.320. Finding that marriage is irretrievably broken, when--notice--denial by a party, effect of--alternate findings.
  1. If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court, after considering the aforesaid petition or statement, and after a hearing thereon shall make a finding whether or not the marriage is irretrievably broken and shall enter an order of dissolution or dismissal accordingly.
  2. If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospect of reconciliation, and after hearing the evidence shall
          (1) Make a finding whether or not the marriage is irretrievably broken, and in order for the court to find that the marriage is irretrievably broken, the petitioner shall satisfy the court of one or more of the following facts:
  (a) That the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
  (b) That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
  (c) That the respondent has abandoned the petitioner for a continuous period of at least six months preceding the presentation of the petition;
  (d) That the parties to the marriage have lived separate and apart by mutual consent for a continuous period of twelve months immediately preceding the filing of the petition;
  (e) That the parties to the marriage have lived separate and apart for a continuous period of at least twenty-four months preceding the filing of the petition; or
          (2) Continue the matter for further hearing not less than thirty days or more than six months later, or as soon thereafter as the matter may be reached on the court's calendar, and may suggest to the parties that they seek counseling. No court shall require counseling as a condition precedent to a decree, nor shall any employee of any court, or of the state or any political subdivision of the state, be utilized as a marriage counselor. At the adjourned hearing, the court shall make a finding whether the marriage is irretrievably broken as set forth in subdivision (1) above and shall enter an order of dissolution or dismissal accordingly.
  
  
• Section 452.340. Child support, how allocated--factors to be considered.
  1. In a proceeding for dissolution of marriage, legal separation or child support, the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for the support of the child, including an award retroactive to the date of filing the petition, without regard to marital misconduct, after considering all relevant factors including:
      (1) The financial needs and resources of the child;
      (2) The financial resources and needs of the parents;
      (3) The standard of living the child would have enjoyed had the marriage not been dissolved;
      (4) The physical and emotional condition of the child, and the child's educational needs;
      (5) The child's physical and legal custody arrangements, including the amount of time the child spends with each parent and the reasonable expenses associated with the custody or visitation arrangements; and
      (6) The reasonable work-related child care expenses of each parent.
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  Last Updated: 5-14-08