Divorce Residency

• Missouri Revised Statutes section 452.305 states that a court cannot enter a divorce decree for any marriage unless at least one spouse has lived in the state for at least 90 days prior to filing the divorce petition. Further, the court cannot rule on any divorce petition until at least 30 days have passed after the petitioner has filed the divorce petition. For purposes of the statute, any servicemember stationed in Missouri, but not a resident of the state, qualifies to file for divorce as long as the person meets the 90-day requirement.
  
  

Divorce Requirements

• Missouri is a "no-fault" divorce state. This means that neither spouse has to prove the other caused the marriage to end. Missouri Revised Statutes section 452.320 states that the court can grant a divorce, also known as a dissolution of marriage, if both spouses assert that the marriage is irretrievably broken. If the parties cannot agree about the irretrievable breakdown of the marriage, the court has to consider the evidence presented to determine if the marriage is broken or if either party is at fault.
  
  

Child Support Factors

• Missouri Revised Statutes section 452.340 sets out how courts have to allocate child support. The court can award child support in any case of divorce, legal separation or child custody. When making an award, the court has to consider factors including, but not limited to: the child's financial needs, the financial abilities of the parents and the child's physical and emotional needs.
  
  

Modification

• Missouri Revised Statutes section 452.370 states a court can modify a child support order only upon one party showing that there has been a "substantial and continuing" change in circumstances such that keeping the current orders in place would be unreasonable. The court can consider all relevant factors when determining whether such a change has occurred, including all the financial information the court used to determine the original order.