Updated August 07, 2023
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.
Unlike obtaining a divorce, a couple that is legally separated remains married under Missouri law, and legal separation can be a good option for couples who feel they may later get back together. Separation agreements can also later be used as the basis for a divorce decree.
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.
Source: § 452.325
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 (§ 452.305)
- 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
