Family Law

Missouri divorce, custody, support, adoption, and related family-law matters.

Family law matters involve legal rights as well as children, homes, finances, and long-standing relationships. Our attorneys have represented hundreds of clients in south-central Missouri in divorce, custody, support, adoption, and related matters, and have helped the 25th Judicial Circuit develop guidelines for family cases and guardians ad litem. We explain the governing law and available procedures, work toward practical agreements when possible, and litigate disputed issues when necessary.

Divorce in Missouri

Missouri has a single ground for dissolution of marriage: that the marriage is irretrievably broken. The spouse who files does not have to prove misconduct, only state under oath that there is no reasonable likelihood the marriage can be preserved. One spouse must have lived in Missouri for at least ninety days before filing. If the other spouse denies that the marriage is broken, the court holds a hearing and the petitioner must offer evidence of one of the statutory circumstances, such as adultery, abandonment, or a period of living apart.

"No-fault" is not the same as "uncontested." A divorce is uncontested only when the spouses agree on every ancillary issue: custody and a parenting plan, child support, maintenance, and the division of property and debt. That agreement becomes the basis of the decree. An uncontested divorce saves time, money, and stress, but it takes cooperation and careful drafting, because the settlement will govern the family for years. Where agreement is not possible, the court decides.

Missouri divides marital property equitably, which means fairly and not necessarily equally. The court identifies marital and separate property, values the property, and applies statutory factors to divide the marital estate. Retirement accounts, family businesses, farmland, inherited property, and real estate acquired before or during the marriage can require tracing, valuation, and careful attention to title and debt. We handle marital estates ranging from straightforward household assets to complex business and real-estate interests.

Child custody and parenting plans

Courts generally favor a workable parenting plan developed by the parents. When parents cannot agree, the court may order mediation, appoint a guardian ad litem to represent the child's best interests, order an evaluation, and ultimately decide custody under the statutory best-interest factors. Those factors include the parents' proposals, the child's relationships and needs, each parent's willingness to support the child's relationship with the other parent, and any history of abuse or other safety concerns.

Legal custody and physical custody are different things, and each can be joint or sole. Legal custody is the right to make major decisions about a child's health, education, and welfare. Physical custody is where the child lives and when. Joint physical custody means regular, significant time with each parent, not necessarily an equal split. We explain each arrangement, help you weigh how it would work with your schedules and your children's needs, and draft a plan that a court will approve and that the family can actually live with.

Child support and spousal maintenance

Missouri expects both parents to support their children and ordinarily begins with a state calculation known as Form 14. The calculation considers matters such as each parent's gross income, health-insurance and child-care costs, other support obligations, and the parenting-time schedule. A support order may be modified when changed circumstances are so substantial and continuing that the existing terms have become unreasonable. Nonpayment can lead to income withholding, contempt proceedings, license consequences, interception of refunds, and, in cases of knowing or intentional nonsupport, criminal prosecution. Our firm maintains a Form 14 calculator for clients and the public.

Spousal maintenance, often called alimony, may be awarded when one spouse lacks sufficient property to meet reasonable needs and cannot be self-supporting through appropriate employment. See § 452.335, RSMo. If that threshold is met, the court considers factors such as the length of the marriage, the marital standard of living, each spouse's earning capacity, the time needed for education or training, age and health, the paying spouse's ability to meet both parties' needs, and the parties' conduct. Maintenance is gender-neutral, and its amount and duration depend on the evidence in the individual case.

Adoption, prenuptial agreements, and juvenile matters

Missouri adoption procedure depends on the type of adoption and the parties involved. A married petitioner generally files jointly with a spouse unless a statutory exception applies. Home-study, consent, placement, and reporting requirements vary in stepparent, relative, private, agency, foster-care, adult, and interstate adoptions. A minor must be legally available for adoption through consent or termination of parental rights, and a child age fourteen or older generally must consent. Interstate placements must also comply with the Interstate Compact on the Placement of Children.

We also prepare prenuptial and separation agreements, represent parents and children in juvenile court, and handle adult and minor name changes. A prenuptial agreement can address a family business, inherited or premarital property, debt, and the financial consequences of divorce or death. Enforceability depends on the circumstances of execution, including voluntariness, adequate financial disclosure, the agreement's terms, and the opportunity for each party to obtain independent advice.

Common questions

How long do I have to live in Missouri before I can file for divorce?

At least one spouse must have been a Missouri resident for ninety days immediately before the case begins. Venue generally lies in the county where either spouse resides, subject to statutory transfer rules in some cases. A dissolution judgment ordinarily cannot be entered until at least thirty days after filing. See §§ 452.300 and 452.305, RSMo.

Will my child have to choose between parents?

A child does not decide custody. The child's wishes may be one factor, with weight depending on age, maturity, and the circumstances, but the court decides under the full set of best-interest factors. The manner in which a child's views are presented varies, and parents should avoid asking a child to take sides.

Can child support or custody be changed after the divorce?

Yes, but support and custody use different standards. Child support may be modified when changed circumstances are so substantial and continuing that the current terms are unreasonable. Custody may be modified when facts arising after the prior order—or facts previously unknown to the court—show that modification is necessary to serve the child's best interests. A relocation, material income change, or change in the child's needs may be relevant, depending on the relief requested.

How long does a Missouri divorce take?

Missouri law generally does not permit entry of a dissolution judgment until at least thirty days after the petition is filed. That is a minimum waiting period, not a typical completion date. Service, financial disclosure, parenting issues, appraisals, settlement discussions, discovery, and the court's schedule may extend the case. An agreed case can often be completed sooner than a case requiring contested hearings or trial.

Can a parent move with a child after a custody order?

Missouri's relocation statute requires advance written notice in most cases. Unless the court orders otherwise, the relocating parent must send the information specified by § 452.377, RSMo, by certified mail at least sixty days before the proposed move. Another entitled person generally has thirty days after receiving notice to object by filing a motion. A parent should review the order and statute before changing the child's principal residence.

Does marital misconduct decide property division or custody?

No single allegation automatically decides either issue. In property division, the court may consider each spouse's conduct during the marriage along with economic and other statutory factors. Custody is determined under the child's best-interest factors, including safety and each parent's conduct toward the child and the other parent. The purpose of a custody decision is to protect the child's welfare, not to punish a parent for the end of the marriage.

What we handle

• Adoption
• Dissolution of marriage
• Child custody and support
• Spousal support
• Prenuptial agreements
• Separation agreements
• Juvenile court matters
• Name changes

Attorneys who handle family matters

Insights on family law

Longer reads from our attorneys on the questions clients ask most in this area.

General information only. Williams | Robinson | Wiggins provides this material as a public service. It summarizes selected legal topics and is not legal advice for any person or situation. Legal outcomes depend on specific facts and current law; an attorney can give advice only after reviewing the circumstances of the matter.

To discuss a family-law matter, call (573) 341-2266 or send a message through our contact page. Our office is at 901 N Pine Street in Rolla, and we serve clients throughout Phelps, Pulaski, Dent, Texas, Crawford, and Maries counties and the rest of south-central Missouri.