family-law

Divorce without the scorched earth.

Missouri calls it dissolution of marriage. We call it getting you to the other side with your kids, your finances, and your dignity intact.

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Nobody plans for this page. If you're reading it, something in your marriage has already broken, and now you're staring at a process full of unfamiliar words — dissolution, equitable distribution, maintenance — while trying to hold a household together.

Here's the truth most people don't hear early enough: a Missouri divorce is a process with rules, not a verdict on you as a person. Learn the rules, prepare well, and you come out the other side standing.

What "dissolution of marriage" means in Missouri

Missouri doesn't technically grant "divorces" — it grants a dissolution of marriage. The court must find the marriage is irretrievably broken, and then it resolves four things:

Property and debt division — who keeps what, who owes what
Maintenance — whether one spouse pays support to the other, and for how long
Child custody — legal and physical custody, plus a required parenting plan
Child support — calculated through Missouri's Form 14

If you have children, the custody and support pieces have their own pages — see child custody and child support. This page focuses on the marriage itself: property, debt, and maintenance.

Property division: equitable, not equal

Missouri is an equitable distribution state — not a community property state. That means the court divides marital property in whatever proportion is fair under the circumstances, considering factors like:

Each spouse's economic circumstances, including who keeps the family home when children are involved
Each spouse's contribution to acquiring the property — including contributions as a homemaker
The value of each spouse's separate (non-marital) property
The conduct of the parties during the marriage
Custodial arrangements for minor children

The name on the title doesn't decide it. In Missouri, property acquired during the marriage is generally marital property regardless of whose name is on the deed, account, or loan. Separate property — what you brought into the marriage, or received by gift or inheritance — usually stays yours, but only if it hasn't been mixed into marital assets. Keeping that line clean is a big part of what we do.

Maintenance (spousal support)

Maintenance in Missouri is need-based, not a reward or a penalty. The court first asks whether a spouse lacks sufficient property to meet reasonable needs and cannot be self-supporting through appropriate employment. Only then does it set an amount and duration, weighing the length of the marriage, each spouse's age, health, and earning ability, and the standard of living the marriage established.

Whether you expect to pay it or need to receive it, the worst position is guessing. We'll run the realistic scenarios with you before anyone signs anything.

Get your questions answered before you file.

Where you'll stand on the house, the retirement accounts, and the kids — in plain English, before you make a single move.

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How a Missouri divorce unfolds

Filing and the 90/30 rules. One spouse (or both, jointly prepared) files a petition. You or your spouse must have lived in Missouri for 90 days before filing, and the court can't enter judgment until at least 30 days after filing.
Disclosure and negotiation. Both sides exchange financial information — income, assets, debts. Most cases resolve here, through a marital settlement agreement and (if you have kids) a parenting plan.
Judgment. If you agree, the court reviews and approves your settlement. If you don't, the contested issues go to the judge. Either way, you leave with a judgment that sets the rules going forward.

What we do differently

Straight answers early

You'll know what a court is realistically likely to do — before you spend money fighting for something the law won't give you.

Settlement-first, trial-ready

A durable agreement beats a dramatic trial almost every time. But the other side only negotiates seriously with someone prepared to try the case.

The after-plan, built in

Divorce changes your will, your beneficiaries, and your powers of attorney — or it should. We handle estate planning in-house, so your fresh start is actually complete.

Don't forget the beneficiary forms. Your divorce decree does not automatically fix every account. Life insurance, retirement plans, and payable-on-death designations often still name an ex-spouse until you change them. See When Life Changes, Your Estate Plan Should Too — and let's update yours the same month your case closes.

Local counsel for northeast Missouri

Nolan Law Firm is based in Kirksville and serves families across Adair County and northeast Missouri. Attorney Patrick Nolan is a Missouri lawyer and veteran who built this practice on preventative law — solving problems before they metastasize. Divorce is rarely preventable. The damage usually is.

One conversation. A clear plan.

Call 660.956.4502 or book online. Evening and weekend appointments by request.

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Frequently Asked Questions

Does Missouri require fault or "grounds" for divorce?

No. Missouri is essentially a no-fault state — the court needs to find the marriage is irretrievably broken, meaning there's no reasonable likelihood it can be preserved. You don't have to prove your spouse did anything wrong to get divorced, though conduct can sometimes matter in property division or custody.

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

You or your spouse must have been a resident of Missouri for at least 90 days before filing. After filing, the court must wait at least 30 days before it can enter a judgment — so even the smoothest case takes about a month from filing.

Is Missouri a community property state?

No. Missouri uses equitable distribution. Marital property is divided fairly based on factors in the statute — not automatically 50/50. Fair often ends up close to equal, but the court has real discretion, which is exactly why preparation matters.

What counts as marital vs. separate property?

Generally, property acquired during the marriage is marital, no matter whose name is on it. Property you owned before the marriage, or received by gift or inheritance, is usually separate — but separate property can become tangled with marital property (a house, a retirement account, a business), and untangling it is where a lawyer earns their keep.

Will I have to pay (or can I receive) maintenance?

Maintenance — what other states call alimony — isn't automatic in Missouri. The court first asks whether a spouse lacks enough property and income to meet reasonable needs and can't reasonably support themselves through work. If so, the amount and duration depend on statutory factors like the length of the marriage, each spouse's earning capacity, and the standard of living during the marriage.

Do we have to go to trial?

Most divorces don't. If you and your spouse can reach agreement on property, custody, and support, the court can approve your agreement and enter judgment without a contested trial. Our job is to get you the agreement worth signing — and to be fully ready if the other side won't be reasonable.