Frequently Asked Questions About Divorce in Columbia, Missouri

Individuals facing divorce in Columbia often have many questions about Missouri law and what to expect in Boone County courts. While every case is unique, the following overview addresses some of the most common topics discussed with local divorce attorneys.

Divorce in Columbia, Missouri

Missouri allows couples to pursue divorce when the marriage is considered irretrievably broken. The state follows a no-fault approach, meaning neither spouse must prove wrongdoing in order to end the marriage.

That said, certain conduct during the marriage may still be considered by the court when resolving issues such as property division, debts, and spousal maintenance.

Residency Requirements in Missouri

To file for divorce in Missouri, at least one spouse must have lived in the state for a minimum of 90 days prior to filing.

Most cases are filed in the county where the filing spouse resides, although in limited circumstances a request may be made to transfer the case to another county.

The Divorce Court Process in Boone County

Divorce cases in Boone County are handled through the Circuit Court system. Common legal terms you may encounter include:

• Petitioner – the spouse who files the divorce case

• Respondent – the spouse who is served with the paperwork

• Petition for Dissolution of Marriage – the initial filing that begins the case

• Judgment (or Decree) of Dissolution of Marriage – the final court order ending the marriage

Once the judgment is entered, the marriage is legally dissolved and the court’s decisions become enforceable.

Legal Separation in Columbia and Boone County

Some couples choose legal separation rather than immediately proceeding with divorce.

Legal separation allows spouses to live apart while the court addresses matters such as property division, spousal maintenance, parenting arrangements, and financial support. The residency requirements are the same as those for divorce, and a legal separation can later be converted into a divorce if the parties decide to move forward.

Spousal Maintenance in Missouri

Missouri courts may award spousal maintenance when one spouse lacks sufficient resources to meet reasonable living expenses. This is more common when one party has limited income, reduced earning capacity, or has been primarily responsible for childcare.

Judges evaluate factors such as:

• The standard of living during the marriage

• Each spouse’s earning ability

• Length of the marriage

• Age and health of both parties

• Financial obligations and assets

Maintenance may be temporary or long-term and can often be modified if there is a substantial change in circumstances.

Division of Property in Columbia, Missouri

Missouri follows an equitable distribution system, meaning marital property is divided fairly — though not necessarily equally.

Generally:

• Property owned before marriage remains separate

• Assets acquired during the marriage are subject to division

Courts consider factors such as:

• Each spouse’s financial condition

• Contributions to the marriage (financial and non-financial)

• Custody arrangements involving children

• The value of marital assets and debts

Accurate valuation of property, including homes, investments, and retirement accounts, is often critical during the divorce process.

Parenting Time and Financial Support

Parenting arrangements in Missouri are based on the best interests of the child. Courts often begin with the presumption of shared parenting time and decision-making but may award primary or sole authority when appropriate.

Judges consider:

• Each parent’s involvement in the child’s life

• The child’s relationship with each parent

• Stability of each household

• The child’s wishes (when appropriate)

Parents are also responsible for providing financial support for their children. Missouri guidelines take into account each parent’s income and the child’s needs. Financial support obligations typically continue until adulthood, with certain exceptions such as continued education or other qualifying circumstances. Courts may also require parents to maintain health insurance coverage for their children.

Name Changes After Divorce in Columbia

As part of the divorce process, a spouse may request to return to a former or maiden name. Courts routinely grant these requests within the final dissolution judgment.

📍 Serving Boone County and Surrounding Areas

Divorce cases in Columbia are handled within Boone County, and local procedures and court expectations can influence how cases move forward.