Missouri Marital Settlement (Divorce) Agreement Form [PDF]

The Missouri marital settlement agreement is a legal document that enables married couples to specify their rights and responsibilities when marriage ends. This document must cover all matters related to divorce, such as division of property, parenting plans, and child support.

Spouses can acquire the marital settlement agreement template and complete it by themselves or with the help of a divorce lawyer if it is a complicated marriage.

Divorce Forms

Divorce forms are submitted to the circuit court where the spouses reside. The filing fee varies, but it is typically no less than $150. In addition, the divorce process takes a minimum of 30 days to complete.

Divorce Laws and Legal Requirements in Missouri

Divorce laws and legal requirements in Missouri address a number of topics in order to provide structure to the divorce process.

How to File For a Divorce in Missouri in 7 Steps

By following the seven steps listed below, you can easily handle the divorce filing process in Missouri.

#1. Fill out and File the Divorce Forms

The key form that will start the whole divorce process is a divorce complaint, and in Missouri, this complaint is called a Petition for Dissolution of Marriage. The petitioner must file the petition in the county where they reside.

The court clerk will need the petitioner to pay a filing fee, which is around $150, and if the petitioner is not able to pay the fee, then they must file an In Forma Pauperis Application to ask the court for a fee waiver.

Here is a list of additional forms the court may require:

• Certificate of Dissolution of Marriage

• Statement of Income and Expenses

• Statement of Property and Debt and Proposed Separation Agreement

• Respondent’s Answer to Petition of Dissolution of Marriage

• Judgment and Decree of Dissolution of Marriage

• Filing Information Sheet

• Parenting Plan

#2. Serve the Respondent

Now, the petitioner must serve the divorce papers to the respondent. For a certain fee, the court clerk will hire a professional process server or sheriff to deliver the divorce papers. They will provide proof of service to inform the court that the respondent is served and aware of the ongoing divorce process.

However, the respondent can file an “entry of appearance and waiver of service” form to waive the service, usually when papers are delivered to them in person.

#3. Wait for an Answer

After receiving the divorce papers and summons, the respondent has 30 days to answer the divorce complaint. They can do that by filing an Answer to the Petition for Dissolution of Marriage with the court and sending one copy to the petitioner.

Additionally, a circuit court might require a Statement of Income and Expenses and a Parenting Plan. If the spouses reach an agreement on all divorce matters, then they can enter an uncontested divorce process.

However, if they cannot reach an agreement on all matters, then they will start a contested divorce process where the court must make decisions on these matters instead.

#4. Prepare a Marital Settlement Agreement

Married couples who pursue the uncontested divorce process in order to save on legal fees and shorten the process must provide a divorce settlement agreement. This document serves as proof to the court that the spouses are ending their marriage with all matters settled.

Before filing the document with the court, both spouses must sign the document and notarize it in order to add another layer of protection to the document. Depending on how complex the marriage is, spouses might consider asking for legal assistance to make sure everything is done properly.

#5. Schedule the Final Hearing

The court clerk will have 30 days to set a date for a final hearing after both spouses have completed and filed all necessary divorce documents. The court clerk will provide the Notice of Hearing to the petitioner, and they will need to send a copy to the respondent in order to inform them of the hearing date.

Both spouses need to prepare for the final hearing, gather all necessary documents, and prepare statements if necessary. It is a good idea to seek advice from a divorce lawyer, if possible, in order to prepare as best as possible.

#6. Attend the Final Hearing

At the final hearing, the spouses will have an opportunity to make statements concerning their divorce and provide evidence to support their claims. The judge will ask questions regarding their marriage to understand the reasons that led to the divorce.

The judge will also review the divorce forms, especially the divorce settlement agreement, and if everything is in order, they will sign the judgment and the decree of the dissolution of the marriage. Divorce is, at that point, considered finalized.

After that, spouses can ask the court clerk for certified copies of the judgment in order to update their records.

#7. Change the Name

To change the name, the spouse must make a request in the petition or in the divorce settlement agreement. When the judge signs the judgment, the name change request is also granted and included in the divorce decree.

Spouses should now obtain their certified copy of the decree and use it as proof when changing their name. First, they should update their identification documents, such as their passport, ID card, or driver’s license.

Additionally, they should upgrade their public records and inform friends and family of the name change.