Do it Yourself Divorces in Missouri

You can represent yourself in Missouri divorce proceedings.

Under Missouri law, all litigants are entitled to represent themselves in court. If you have minimal joint property and no children, you can likely complete your divorce without hiring an attorney. The Missouri Court system has directions for filing your divorce and forms to submit easily accessible online. Because divorce is a serious legal matter, take care to thoroughly research the process before filing for divorce.

Instructions

1. Complete the Litigant Awareness Program to represent yourself in Missouri courts. The program, sponsored by the Missouri Courts, helps you decide if it is a good idea to represent yourself and provides basic education about the divorce process. Information about the Litigant Awareness Program is available at the link provided in Resources and at your county clerk's office. You can complete the program in about 15 minutes online. In some counties, you can also complete the course in person. The Litigant Awareness Program will also provide the forms you need to file with the court in your divorce.

2. File a Petition for Divorce, which starts the divorce proceedings. In the petition, you must tell the court about yourself, your spouse, your marriage and the reason you want a divorce. Carefully draft the petition to include specific information that is required by law. The Missouri Court website (see Resources) and the clerk's office in your county provide forms for the petition and all of the other documents you will need to file in your divorce. The forms are provided free of charge. Once you have properly drafted the petition, you must have it notarized and file it in your Missouri County Court. You will be charged a fee for filing your petition; if you cannot afford the filing fee, the clerk's office will have information on waiving the fee. The amount of the filing fee depends on the county you live in, so contact the clerk's office in your county for information about fees.

3. Serve the petition for divorce to your spouse to inform him you are seeking a divorce. Serving the petition is called service of process. You can do this in person, by certified mail, through the sheriff's department or by publication in a legal newspaper. The clerk will have information on how to best serve your spouse depending on your specific situation.

4. Await an answer. In Missouri, your spouse will have 30 days to respond to the petition. In her response, she will either agree with what you stated in the petition, or she will deny some or all of the allegations in the petition. If your spouse does not reply in 30 days, he is in default and you can proceed with the divorce without your spouse present.

5. Go to the hearing. Once you have filed a properly drafted petition and properly recorded the service of the petition to your spouse, you will go to a hearing. In some counties, the court will automatically schedule a hearing once all the paperwork is filed; in other counties, you will have to contact the court to schedule a hearing yourself. If you have children under 18, you will have to attend parenting classes before a hearing is scheduled. If your spouse filed an answer, she will probably attend the divorce hearing. If your spouse defaulted, you will probably attend the hearing alone.

6. Testify and introduce evidence. At the hearing, the person who filed the petition for divorce must testify or introduce evidence proving that the information in the petition was accurate. If your spouse contests anything in the petition, he will also testify or present evidence and the judge will make a determination. You and your spouse can also choose to settle disputes on your own before the hearing and tell the judge about your settlement at the hearing. At the end of the hearing, the judge will issue a dissolution of marriage judgment.

7. Appeal the judgment during the 30-day period if either party is unhappy with the judgment. In Missouri, the dissolution of marriage judgment becomes final 30 days after it is issued. Otherwise, wait for the dissolution to become final.

References

• Representing Yourself in Missouri Courts: Information for First Time Visitors
• Representing Yourself in Missouri Courts: Dissolution of Marriage
• Representing Yourself in Missouri Courts: Litigant Awareness Program
• Missouri Revised Statutes: Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance
• Representing Yourself in Missouri Courts: FAQs

Resources

• Representing Yourself in Missouri Courts: Legal Forms
• Missouri Court