Missouri Divorce Records

While divorce rates in Missouri have shown slight fluctuations over time, recent data puts the state's divorce rate at 2.6 divorces per 1,000 Missourians, slightly above the national divorce rate of 2.4 per 1,000 total population.

Missouri law allows for divorces on the grounds of the marriage being "irretrievably broken", meaning that there is no reasonable prospect of reconciliation between the couple. This is a no-fault-based ground for divorce, in that the spouse seeking the divorce is not required to prove any specific misconduct by the other party. However, suppose the other spouse states that they do not believe that the marriage is irretrievably broken. In that case, the court may grant a fault-based divorce if the filing spouse can prove misconduct on specific, legally-recognized grounds, such as adultery and abandonment.

The average cost of a divorce in Missouri is $10,184 per person (also slightly above the national average of $9,969). Note that actual costs can vary significantly depending on the specifics of the case, with factors like attorney fees, court filing fees, and mediation costs influencing total expenses.

Are Divorce Records Public in Missouri?

In Missouri, divorce records are generally considered open records under the state's Sunshine Law; as such, interested members of the public can typically inspect and obtain copies of these records. However, sensitive information contained in a divorce record, such as social security numbers, financial account numbers, details about domestic violence protective orders, or the identities of minor children, may be redacted or sealed to protect the privacy and safety of the individuals involved.

Similarly, per Section 193.255 of the Revised Statutes of Missouri, access to certified copies of divorce records is typically restricted to individuals with a "direct and tangible interest" in the record. These include the couple named on the record, their immediate family, and authorized representatives.

What Is Included in Missouri's Divorce Records?

In Missouri, the term "divorce records" is generally used to refer to official documents generated concerning divorce proceedings in the state. These records are maintained at both the county and state level, and they include:

• Divorce Decree: This is the official court order that finalizes the divorce. Divorce decrees are issued and maintained by the Circuit Clerk in the county where the divorce was granted, and they outline the terms of the divorce, including custody arrangements, support, and property division.
• Certified Statement Relating to Divorce: These are also referred to as "divorce certificates", and they typically serve as official proof of the divorce. Divorce certificates are issued and maintained by the state's Bureau of Vital Records, and they contain limited information, such as the names of the divorcing couple, the date of the divorce, and the county of record.

How Do I Find Missouri Divorce Records?

Missouri divorce records can be obtained from the Circuit Clerk's Office in the county where the divorce was finalized and also at the state level from the Missouri Department of Health and Senior Services, through its Bureau of Vital Records. Certified copies of these records are usually required for various legal and administrative purposes, such as:

• Updating personal records with government agencies and financial institutions
• Providing legal proof of divorce
• Facilitating a name change on official documents
• Modifying existing orders related to custody and support
• Applying for certain benefits or claims
• Addressing inheritance or estate-related matters

Look Up Missouri Divorce Certificate

The Missouri Department of Health and Senior Services (DHSS), through its Bureau of Vital Records, issues Certified Statements Relating to Divorce for divorces that occurred from July 1, 1948, to date. Note that, under Missouri law, these documents may only be issued to a person with a direct and tangible interest in the record. These include:

• The individuals named on the record
• Their immediate family members (including direct in-laws and legal guardians)
• Their authorized representatives

Eligible parties may obtain copies of these certified statements by submitting an Application for Missouri Vital Record - Marriage/Divorce/Single Status form, along with documentation demonstrating tangible interest in the record (where applicable), to the Bureau at:

Submissions may be made in person (an appointment may be required) or via mail. In-person requesters will be required to provide a valid ID; for mail-in requests, the application form must be notarized. Submissions may also be made in person at a local public health agency. There is a non-refundable fee of $15 per record (which covers a five-year search).

Mail-in requests are typically processed within approximately 4 - 8 weeks, while in-person requests (especially ones made at a local public health agency) are usually processed faster. Inquiries concerning state-issued divorce certificates may be directed to the Bureau of Vital Records at (573) 751-6387.

Look Up Missouri Divorce Decree

Missouri divorce decrees are maintained locally by Circuit Clerks in the county where the divorce was granted. To obtain copies of these records, you will typically need to determine the county where the divorce was recorded and submit an official request to the Circuit Clerk's office. Depending on the county, requests may be submitted in person, by mail, or online through portals hosted on the county court's official website. You will typically need to provide the names of those involved in the divorce and the approximate date or year of the divorce; the case number (if available) may also help expedite the record search.

You may be required to provide a valid ID (and any other documentation deemed necessary by the court), as well as a search and/copy fee, before being issued the requested documents. These fees vary by county but may be up to $1 per page for plain copies and $4 - $10 (per page) for certified copies. It should be noted that access to certified copies of divorce decrees may be restricted to individuals with direct and tangible interest (in the record), such as the subjects of the record, their immediate family members, and their authorized representatives. To this end, it is advisable to contact the appropriate Circuit Clerk's office beforehand to get specific details on their records request requirements, fees, processing time, and other relevant information.

Look Up Missouri Divorce Court Records

In addition to divorce decrees, you may access other documents contained in a divorce case file, such as the petition for dissolution of marriage, settlement agreements, and other court orders, through the Circuit Clerk's Office (in the county where the divorce was filed). You will need to provide sufficient information to allow the clerk's office to locate the case file, such as the names of the parties and the approximate date of filing. Note that certain documents in the divorce file may be restricted from public access; as such, you may need to demonstrate a legitimate interest to obtain copies of these documents. You will also be charged a fee per copy requested.

Some counties may offer online access to public divorce court records through the Missouri Courts' Case.net system; however, certified copies may only be obtained directly from the clerk's office.

Can You Seal Divorce Records in Missouri?

You may seal divorce records in Missouri by filing a motion to seal with the Circuit Court that granted the divorce. This is typically done to protect the privacy of the parties involved, especially when sensitive information concerning minor children under 18, financial details, or allegations of domestic abuse/violence is present.

The motion filed with the court should clearly state the reason(s) for the request and provide sufficient factual basis/evidence to justify sealing the record. The court will typically schedule a hearing on the motion, allowing all parties to present their arguments and evidence. The court will then balance the public's right to access court records against the asserted need for privacy and protection. If it finds a "good cause" to seal the record, it will issue an order granting the request. Note that, in most cases, only specific portions of the record are sealed - complete sealing of an entire divorce case file is quite rare.

How Long Does a Divorce Take in Missouri?

The timeline for divorce proceedings in Missouri is largely dependent on whether the case is contested or not. Missouri law (specifically Section 452.305 of the Missouri Revised Statutes) imposes 30 days after the filing of the divorce petition before a divorce decree may be issued. In cases where both parties have reached a complete agreement on all issues (uncontested divorces), the final hearing can typically be scheduled shortly after this thirty-day waiting period has passed, and the divorce can be finalized relatively quickly. However, in contested divorces (where the parties disagree on one or more significant issues), the process can take considerably longer - sometimes up to a year or more - depending on the complexity of the disputes and the court's schedule.

Does Missouri Require Separation Before Divorce?

No, Missouri does not require separation before a spouse may file for divorce. However, the state may grant a fault-based divorce if both spouses mutually agree to separate and have lived apart for at least 12 months or if the spouses have lived separately for at least 24 months, even if they did not explicitly agree to do so.

How Are Assets Split in a Missouri Divorce?

Missouri is an "equitable distribution" state about splitting marital property (all property acquired by either spouse after their marriage but before the divorce, regardless of how the title is held). This means that, during a divorce, each couple is awarded a "fair" amount, which may not necessarily result in an equal (50/50) split. Missouri courts will consider various relevant factors when dividing marital property to determine the fair amount for each spouse, including:

• Each spouse's economic circumstances at the time the property division would take effect.
• Each spouse's contribution towards acquiring the marital property
• Each spouse's conduct during the marriage
• Custodial arrangements for minor children
• The value of each spouse's non-marital property (property owned before the marriage, received during the marriage as a gift or inheritance, or acquired after the divorce)

Who Gets Custody of a Child in Divorce in Missouri?

Under Missouri law, child custody decisions in the state must be based on the best interests of the child. The state recognizes two main types of custody:

• Legal custody is the right to make major decisions regarding the child's health, education, and welfare.
• Physical custody refers to where the child lives and who has daily care and supervision of them. This is sometimes referred to as parenting time.

While there is a presumption that joint legal and physical custody is in the best interest of the child, the court may award sole physical and/or joint custody to one parent. When making this determination, the court must consider certain factors, including:

• The wishes of both parents
• The need for the child to have a frequent, continuing, and meaningful relationship with each parent, as well as each parent's ability and willingness to actively perform their parental duties
• Which parent is more likely to allow the child to have frequent, continuing, and meaningful contact with the other parent
• The child's interactions and interrelationships with each parent, sibling, and any other relevant parties who may significantly affect the child's best interests
• The mental and physical health of all involved parties

While historical societal biases may have resulted in mothers being favored during custody hearings, Missouri's current approach of focusing on each parent's capabilities and circumstances has resulted in fathers receiving approximately 50% parenting time, significantly higher than the national average of about 35%.