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Divorce Residency Requirements in Missouri

In Missouri, one spouse must have lived in the state (or been stationed there in the military) for 90 days before filing, and the ground is that the marriage is irretrievably broken.

Last checked . General information, not legal advice.

Missouri at a glance

State residency
90 days
Also, 30 days must pass after the petition is filed before judgment.
County residency
No county period; county where either spouse resides
No-fault ground
Marriage is irretrievably broken

Sources

Last checked

The rules in Missouri

How long must you live in Missouri before filing for divorce?

State residency in Missouri: 90 days. Also, 30 days must pass after the petition is filed before judgment.

Is there a county residency requirement for divorce in Missouri?

County residency in Missouri: No county period; county where either spouse resides.

What is the no-fault ground for divorce in Missouri?

No-fault ground in Missouri: Marriage is irretrievably broken.

Where do the Missouri divorce residency requirements come from?

The rules above come from Mo. Rev. Stat. 452.305 and Mo. Rev. Stat. 452.300. Each source is linked on this page. We last checked them in October 2026.

Good to know

A 2026 amendment (H.B. 1908 and 2337, effective August 28, 2026) added that pregnancy status does not prevent a judgment; the 90 day rule is unchanged.

What this means in practice

Residency is about where a spouse actually lives and intends to stay, not just a mailing address. Courts may look at a driver's license, voter registration, a lease or deed, tax filings and employment records. Keeping copies of these documents can help if residency is questioned.

Meeting the residency requirement is separate from any waiting period after filing. Some states also require a period of separation before a no-fault divorce, or a cooling-off period before the final decree. Checking all of these timelines together gives a more realistic picture of when a divorce can be finalized.

Military members and their spouses often have special residency rules based on where they are stationed. If the spouses live in different states, more than one court may be able to hear the divorce, and the choice can affect issues like property division and support. A local family law attorney can confirm where to file.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.