the county in which your spouse lives is the county in which your children have lived for the past 90 days
moving the proceedings to the county in which your spouse lives would be in the best interest of your children
your children and at least one of you have a significant connection to the county, and there is a lot of evidence regarding the current or future care, protection and personal relationships of your children in the county
2. Does Missouri have a waiting period? Yes. The court will not grant a divorce decree until at least 30 days after you file.
3. Does the state have grounds for divorce? Just one: You must show the court that your marriage is irretrievably broken, meaning there is no reasonable chance that your marriage can be saved. If both you and your spouse have stated under oath that your marriage is irretrievably broken, or one of you has said it is and the other has not denied it, the court will review your petition, hold a hearing to determine whether your marriage is really irretrievably broken, and either grant you a divorce or dismiss your case.
If you say your marriage is irretrievably broken and your spouse denies it, you must show that:
- Your spouse has committed adultery (had an affair), and living with him or her is intolerable.
- Your spouse has behaved in such a way that you can’t reasonably be expected to live with him or her.
- That your spouse has abandoned you and has been gone for at least six months.
- That you and your spouse have lived separately for at least 12 months by mutual agreement.
- That you and your spouse have lived separately for at least 24 months, whether you agreed to it or not.
When one of you denies your marriage is irretrievably broken, the court may put your hearing on hold for 30 days to six months and may suggest that you and your spouse seek counseling before ruling on your petition.
4. How does Missouri determine the division of property? You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you. The court will address only your marital property. Any property you or your spouse acquired while you were married is marital property (regardless of whose name is on the title) with the exception of:
- Property that you acquired as a gift or inheritance.
- Property that you received in exchange for property that you acquired as a gift or inheritance.
- Property that you acquired after a decree of legal separation.
- Any increase in value of the property that you acquired before you were married, unless marital funds or efforts contributed to that increase in value.
- Even then, marital property is limited to the increase in value that can be directly associated with those marital funds or efforts.
Property that would otherwise be your separate property does not become marital property just because it was added to your marital property while you were married; for instance, money you received as a gift does not become marital property just because it was added to your joint banking account. The court will divide your marital property in whatever way it thinks is most fair, taking into account:
- You and your spouse’s economic circumstances, including whether one of you should be awarded your family’s home or the right to live there for the sake of your children.
- You and your spouse’s contributions to the acquisition of your marital property, including contributions as a homemaker.
- The value of you and your spouse’s non-marital property.
- You and your spouse’s conduct during your marriage.
- The custodial arrangements for your children.
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