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Missouri Separation Agreement

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Updated October 16, 2024

A Missouri separation agreement is a legal document that married couples can use to establish their rights regarding marital property, alimony, child support, and custody when they no longer wish to live together. Unlike obtaining a divorce, a couple that is legally separated remains married under Missouri law.

Is a Separation Agreement Legal in Missouri?

Yes, couples can create separation agreements with binding terms, except that a court may modify terms regarding child support, custody, and visitation.[1]

Legal Separation Requirements

  • Filing Fee: Varies by county and judicial circuit; in Boone County, for example, it is $162.50, while in Callaway County it is $132.50
  • Residency: At least one of the parties must have been a resident of the state for at least 90 days prior to filing to separate.[2]
  • Where to File: With the circuit court for the county where one of the spouses resides; some but not all circuits will have specified family courts

Sample