Summary of Missouri Separation Law

A legal separation does not end a marriage or domestic partnership in Missouri. The court in Missouri may allow the spouses to legally separate when it finds:

• • that one of the parties has been a Missouri resident, or is a member of the armed services who has been stationed in this state, for ninety days immediately preceding the commencement of the proceeding and that thirty days have elapsed since the filing of the petition; and
• • that there remains a reasonable likelihood that the marriage can be preserved and that therefore the marriage is not irretrievably broken; and
• • to the extent it has jurisdiction, provision for custody and the support of each child, the maintenance of either spouse and the disposition of property has been made.

The spouses are also encouraged by Missouri courts to enter into a written separation agreement that will include provisions pertaining to custody, child support and visitation plan, division of property and maintenance or alimony to spouse. The terms agreed and approved in the agreement becomes enforceable on all parties and breaching any of the agreed terms of the agreement will lead to a punishment to the same extent as if any person is held for contempt of court in any other proceedings. The court also has the power to reject or demand modification of any of the terms if it finds they are unjust or unscrupulous.