Missouri Uncontested Divorce Petition + Decree Filing Packet

MISSOURI UNCONTESTED DIVORCE (DISSOLUTION OF MARRIAGE) PETITION + DECREE FILING PACKET

PACKET CONTENTS

1. ELIGIBILITY & RESIDENCY CHECKLIST

☐ Petitioner or Respondent has been a Missouri resident — or a member of the armed services stationed in Missouri — for at least 90 days immediately before filing (RSMo § 452.305.1(1)).
☐ At least 30 days will elapse from filing to entry of judgment (RSMo § 452.305.1(2)).
☐ The marriage is irretrievably broken and there is no reasonable likelihood it can be preserved (RSMo § 452.305.1(2), § 452.310).
☐ Both spouses agree on all material issues (property, debts, maintenance, custody, child support).
☐ Both spouses willing to sign Entry of Appearance, Consent to Decree, and Waiver.
☐ For child-custody jurisdiction: child(ren) have resided in Missouri for at least 6 months (or since birth if under 6 months) under UCCJEA.
☐ Venue is proper: County of residence of either party (RSMo § 452.300.2; § 508.010).
☐ Filing fee available (varies by county, ~$130–$250) or in forma pauperis affidavit prepared.
☐ Litigant Awareness Program completed if pro se (where required).

2. PETITION FOR DISSOLUTION OF MARRIAGE

IN THE CIRCUIT COURT OF [____________________] COUNTY, MISSOURI
[____] JUDICIAL CIRCUIT — FAMILY COURT DIVISION

Case No.: [____________________]
Division: [____________________]

PETITION FOR DISSOLUTION OF MARRIAGE

COMES NOW Petitioner, and for cause of action against Respondent, states and alleges:

1. Residence of Petitioner. Petitioner [____________________] has been a resident of the State of Missouri for more than ninety (90) days immediately preceding the filing of this Petition. Petitioner currently resides at [____________________________________________].

2. Residence of Respondent. Respondent [____________________] currently resides at [____________________________________________].

3. Marriage and Separation. The parties were married on [__/__/____] in [City], [County], [State]. The marriage is registered in [____________________]. The parties separated on or about [__/__/____].

4. Date of Birth and Social Security Numbers.

5. Children of the Marriage.
☐ There are no children, born or adopted, of the marriage, and Wife is not now pregnant.
☐ The following child(ren) are of the marriage:

☐ Wife is pregnant; expected due date: [__/__/____].

6. UCCJEA Disclosures. [Required for cases involving children — addresses of children for past 5 years; any other custody proceedings.]

7. Marital Property and Debts. The parties have acquired marital property and incurred marital debts. The parties have entered into (or will enter into) a written Separation Agreement resolving all issues of property division, debt allocation, and maintenance, which will be filed for the Court's approval.

8. Custody and Support. [If children:] The parties have agreed to a Parenting Plan and Form 14 Child Support calculation, which will be filed for the Court's approval.

9. Irretrievable Breakdown. The marriage is irretrievably broken and there is no reasonable likelihood that the marriage can be preserved, pursuant to RSMo § 452.305 and § 452.310.

10. Maintenance.
☐ Neither party seeks maintenance.
☐ Maintenance is addressed in the Separation Agreement.

11. Name Restoration.
☐ Petitioner requests restoration of former name: [____________________].
☐ No name change requested.

12. Statutory Items per RSMo § 452.310.

• Date of marriage: [__/__/____]
• Date of separation: [__/__/____]
• Whether Wife is pregnant: [____]
• Custody / parenting time arrangements requested: see Parenting Plan.

WHEREFORE, Petitioner prays the Court enter a Judgment of Dissolution of Marriage:

A. Dissolving the marriage of the parties;
B. Approving and incorporating the Separation Agreement;
C. Approving the Parenting Plan and Form 14 (if applicable) and entering corresponding orders;
D. [Restoring Petitioner's former name to [____________________];]
E. For costs and such other relief as is just.

VERIFICATION

State of Missouri, County of [____________________], ss.

I, [____________________], being duly sworn, state that the facts stated in the foregoing Petition are true to the best of my knowledge and belief.

[____________________________________________]
Petitioner Signature

Subscribed and sworn to before me this [____] day of [____________], 20[____].

[____________________________________________]
Notary Public — My commission expires: [__/__/____]

3. STATEMENT OF PROPERTY AND LIABILITIES (CAFC 410 Summary)

4. INCOME AND EXPENSE STATEMENT (CAFC 415 Summary)

5. SEPARATION AGREEMENT / MARITAL SETTLEMENT

This Separation Agreement ("Agreement") is entered into this [____] day of [____________], 20[____], by and between [WIFE FULL NAME] and [HUSBAND FULL NAME].

Article I — Recitals

The parties were married [__/__/____] and separated [__/__/____]. The marriage is irretrievably broken.

Article II — Real Property

[Same options as TN/IN templates: award / refinance / sell.]

Article III — Vehicles and Personal Property

Article IV — Financial Accounts and Retirement

QDRO required for: [____________________].

Article V — Debts

Article VI — Maintenance

☐ Both parties waive all past, present, and future claims for maintenance.
☐ [☐ Husband ☐ Wife] shall pay $[________]/month for [____] months as ☐ modifiable ☐ non-modifiable maintenance per RSMo § 452.335.

Article VII — Tax Treatment

Tax year [____]: ☐ Joint ☐ Separate. Dependents: [____________].

Article VIII — Disclosure

Each party acknowledges full disclosure, voluntariness, and the right to independent counsel.

Article IX — Incorporation

This Agreement shall be incorporated, not merged, into the Judgment of Dissolution under RSMo § 452.325.

SIGNATURES

[____________________________________________] Date: [__/__/____]
Wife

[____________________________________________] Date: [__/__/____]
Husband

Notarized: [____________________] (Notary)

6. PARENTING PLAN

Children:

A. Legal Custody

☐ Joint Legal Custody
☐ Sole Legal Custody to: [____________]

B. Physical Custody / Residential Schedule

☐ Joint Physical Custody
☐ Sole Physical Custody to: [____________]
Address designated for educational and mailing purposes: [____________________].

Schedule (school year): [Specify weekday/weekend.]
Holidays: [Thanksgiving / Winter Break / Spring Break / Summer / birthdays / Mother's & Father's Day.]
Summer: [Specify.]

C. Decision-Making

D. Child Support (Form 14)

Presumed amount per Form 14: $[________]/month. Paid by: [____________]. Method: ☐ Family Support Payment Center (FSPC) ☐ Income Withholding.

E. Health Insurance and Uninsured Costs

Insurance provided by: [____________]. Uninsured medical, dental, vision: [____]% Mother / [____]% Father.

F. Dependency Exemption

Claimed by: [____________________].

G. Exchanges, Relocation, Communication

• Pick-up/drop-off location: [____________________].
• Relocation notice per RSMo § 452.377 (60 days before relocation).
• Reasonable phone/video contact.

H. Dispute Resolution

☐ Mediation before motion practice.

SIGNATURES

[____________________________________________] Date: [__/__/____]
Mother

[____________________________________________] Date: [__/__/____]
Father

7. FORM 14 — CHILD SUPPORT AMOUNT CALCULATION

Rebuttal: ☐ No deviation ☐ Deviation requested — reason: [____________________].

8. ENTRY OF APPEARANCE, CONSENT TO DECREE, AND WAIVER

Respondent, [____________________], hereby:

1. Enters appearance in this cause and submits to the jurisdiction of the Court.
2. Waives formal service of summons.
3. Acknowledges receipt of the Petition for Dissolution of Marriage and the Separation Agreement.
4. Consents to entry of the Judgment of Dissolution of Marriage without further notice.
5. Stipulates that the marriage is irretrievably broken.
6. Waives the right to file an Answer.
7. Waives the right to a final evidentiary hearing where permitted by local rule, and consents to entry of judgment based on affidavit if the Court permits.

[____________________________________________] Date: [__/__/____]
Respondent Signature

Notarized this [____] day of [____________], 20[____].
[____________________] Notary Public

9. JUDGMENT OF DISSOLUTION OF MARRIAGE

IN THE CIRCUIT COURT OF [____________________] COUNTY, MISSOURI

Case No.: [____________________]

JUDGMENT AND DECREE OF DISSOLUTION OF MARRIAGE

On this [____] day of [____________], 20[____], this cause came before the Court upon the Petition for Dissolution of Marriage, the Separation Agreement, [the Parenting Plan,] [the Form 14,] Respondent's Entry of Appearance and Consent, and the entire record. The Court finds:

1. The Court has jurisdiction over the subject matter and the Parties.
2. Petitioner has been a resident of Missouri for more than 90 days prior to filing (RSMo § 452.305).
3. More than 30 days have elapsed since the filing of the Petition.
4. The marriage is irretrievably broken and there is no reasonable likelihood that it can be preserved.
5. The Separation Agreement is not unconscionable.
6. [The Parenting Plan serves the best interests of the minor child(ren), and the Form 14 amount is the presumed correct child-support amount.]

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

A. The marriage of [PETITIONER] and [RESPONDENT] is DISSOLVED.
B. The Separation Agreement is approved and incorporated by reference into this Judgment.
C. [The Parenting Plan is approved; legal custody is [joint / sole to ____]; physical custody is [____]; child support is $[________]/month payable by [____________] through the FSPC.]
D. [Petitioner's former name [____________________] is restored.]
E. Each party shall execute all documents necessary to effectuate this Judgment.
F. The last four digits of each party's Social Security number are recorded as required by RSMo § 452.305.4.
G. Costs are taxed against [____________________].

[____________________________________________]
Circuit Judge / Family Court Commissioner

10. FILING & HEARING PROCEDURE

Step 1: Prepare and File

• E-file via Missouri eFiling System (Missouri Courts: courts.mo.gov).
• File: Petition, CAFC 410, CAFC 415, Separation Agreement, Parenting Plan + Form 14 (if children), Entry of Appearance/Consent, proposed Judgment, Vital Statistics certificate.
• Pay filing fee or file IFP affidavit.

Step 2: 30-Day Waiting Period

• RSMo § 452.305.1(2): no judgment may enter until 30 days after filing.
• This requirement is jurisdictional.

Step 3: Parenting Class (if children)

Most Missouri circuits require completion of an approved Parenting Class (often "Focus on Kids"). File certificate.

Step 4: Uncontested Hearing or Affidavit Disposition

• Many circuits set a brief uncontested docket (5–15 minutes). Petitioner must appear; Respondent's appearance may be waived.
• Some judges accept submission on affidavit. Confirm with local family-court division.

Step 5: Entry of Judgment

Judgment is final upon entry on the docket and signature. 30-day post-judgment motion window; appeal within 10 days of finality.

Step 6: Post-Judgment

• Obtain certified copies.
• Submit QDROs for retirement division.
• Execute deeds, vehicle titles.
• Update wills, beneficiary designations.
• Begin child-support payments through FSPC via Income Withholding Order.

SOURCES AND REFERENCES

• RSMo § 452.305: https://revisor.mo.gov/main/OneSection.aspx?section=452.305
• RSMo § 452.310: https://revisor.mo.gov/main/OneSection.aspx?section=452.310
• RSMo § 452.320 (contested grounds); § 452.330 (property); § 452.335 (maintenance); § 452.340 (child support); § 452.375 (custody)
• Missouri Court Automated Forms (CAFC): https://www.courts.mo.gov/page.jsp?id=524
• Missouri Self-Representation Portal: https://www.selfrepresent.mo.gov/
• Missouri Child Support Guidelines (Form 14): https://www.courts.mo.gov/page.jsp?id=1457