Are Missouri Divorce Records Public Records?
Yes. Many divorce records in Missouri are kept at the Bureau of Vital Records within the Missouri Department of Health. Requesting parties can find more detailed and certified divorce records through the Court Clerk of the county where the divorce was finalized. The Missouri Sunshine Law, specifically Mo. Rev. Stat. § 610.010.6(6) states that all Missouri family court records, including divorce records, be deemed public and accessible by the public. Although these records are legally public, due to the nature and sensitivity of many divorce cases that include abuse and minor children, these records may remain sealed and unable to be accessed unless by state representatives or the attorneys of the parties involved. Some details that may deem a record sealed or confidential include:
- Any information requested by the parties to be sealed
- Public welfare reports and mental health evaluations
- Any and all personal information regarding minor children or juveniles
- Any information regarding victims of assault and domestic violence or abuse
- Any personal financial information of one of the parties involved
Government public record search portals and third-party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records, in particular, may simply not be available through either source.
Understanding Missouri Divorce Records
Divorce records refer to the official divorce documents generated during and after a divorce proceeding. Typically, the process of getting a divorce requires filing several court forms and documents. These divorce documents usually constitute divorce case records.
Divorce records are the most detailed out of the three types of divorce records. They contain all the information listed above: names, dates, locations, and judgments. They also include every file, document, testimony, and transcript generated during the proceedings. Divorce records are signed by a judge and given a case number. Therefore, they act as the case file for a divorce. These records are searchable by members of the public as long as they have not been sealed by a judge, which typically happens with divorce records.
Note: A divorce, also known as dissolution of marriage, happens when two people who entered into a legal marriage agreement decide to reverse that decision legally by filing divorce papers in court. In Missouri, divorce proceedings are considered a matter of family court, a division of Missouri Civil Courts. Divorce case filings are held and maintained by the office of the clerk of court in the circuit court where the divorce occurred.
How to Find Public Divorce Records Online
To find a record, individuals must know the city where the divorce was granted, the divorce date, and why they are requesting the record. Typically, it costs the following to conduct an online search for divorce records in Missouri:
- The first copy costs $30 per copy
- An additional copy costs $25
- The Agency fee costs $5.50
- Processing fees cost $10
Note: Divorce records are considered court records. They can, therefore, be found using the online tool provided by courts or the Bureau of Vital Records. Some records can also be found using third-party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse.
How to Obtain Divorce Records in Missouri
There are a number of ways to access divorce records in Missouri. To access un-certified divorce certificates through Missouri State Vital Records:
- Find out if the divorce occurred after July 1, 1948
- If so, mail in or submit a marriage dissolution record request form to the Bureau of Vital Records.
- Include a check or money order of $15 made payable to the Missouri Department of Health and Senior Services.
- Photo identification and signature are required. If mailing in the request form, it is necessary to get this document notarized on the same date that the requesting party is mailing in the request.
It is also possible to obtain more detailed divorce records by way of the court clerk in the county where the divorce occurred. The price for these copies is also $15, but request forms may vary. Contact the Missouri Court Clerk in the county to find the necessary information to obtain a certified divorce record.
How to Order Missouri Divorce Records by Mail
To request a divorce certificate by mail, requesting parties must provide the necessary divorce records with the correct fees and a photocopy of valid identification. Each additional document requested requires an extra request form and fee. If the sought-after document was finalized after 1948, send the request form, fees, and identification to the following address:
Missouri Department of Health and Senior Services
Bureau of Vital Records
930 Wildwood Drive
Jefferson City, MO 65109
If the sought-after record was finalized before 1948, or the requesting party wants a certified copy, they must contact the court clerk in the county where the divorce happened. Wait times for mail-in requests are typically 8-12 weeks.
How to Order Missouri Divorce Records In-Person
To request a divorce certificate in person, visit the address listed above. All fees and signatures still apply. Walk-in hours for this office are Monday through Friday from 9 am to 4 pm, not including state or federal holidays. Typically, requests made in person before 3 p.m. can be fulfilled the same day, and a notary is not needed as long as the requesting party has all the necessary original divorce papers, fees, and photo identification.
Certificates vs. Decrees
There are three official ways a government body may record a divorce: divorce certificates, divorce decrees, and full divorce records. These three have varying amounts of information and are used for different legal actions. Knowing the difference between them is key to saving time when attempting to obtain a divorce record.
Understanding Missouri Divorce Certificates
A divorce certificate is the most general document that proves a divorce has happened. Generally, divorce in Missouri involves signing several divorce papers, including a divorce agreement that settles issues like child custody and alimony. A divorce certificate lists the names of the two people who have gotten divorced, along with the date and time that their divorce took place. Often, this document is requested by the two involved parties. This document is called for when one of them wishes to change their name as it appears on their identification or if they want to access a new marriage certificate. Unless sealed by court order, a Missouri divorce certificate is a public record and viewable by anyone so long as they provide a valid request form and other necessary information.
Note: The State Vital Records Office within the State Department of Health is tasked with maintaining certificates for all divorces finalized after July 1, 1948. However, they do not offer certified copies.
Understanding Divorce Decrees in Missouri
A divorce decree can only be issued after the submission of original divorce papers and the conclusion of a divorce case in court. A divorce decree is a bit more detailed than a divorce certificate. It not only contains all the information included in a certificate but also all the judgments and agreements made by the end of the divorce proceedings. This can include judgments involving child custody or child support, property allocation, debt allotment, insurance responsibilities, and alimony. Record seekers can contact the Circuit Clerk in the county where a divorce was granted to know if they can get divorce decrees online or in person.
How Much Do Missouri Divorce Records Cost?
Copies of divorce records through the Bureau of Vital Records are typically $15.00 each. For mail-in orders, the requests are payable by check or money order made out to the Missouri Department of Health and Senior Services. For walk-ins, the Department of Health can accept cash, checks, money orders, debit, or credit. Certified copies from the county clerk’s office are typically also $15.00 per record, and each additional copy is another $15.00 on top of that.
How to Find Out if Someone is Divorced in Missouri?
Publicly available divorce records are also managed and disseminated by some third-party aggregate sites. These sites are generally not limited by geographical record availability and may serve as a convenient jump-off point when researching specific or multiple records. However, third-party sites are not government-sponsored. As such, record availability may differ from official channels. The requesting party will be required to provide the following information to find a record using the search engines on third-party sites:
- The location of the record in question, including the city, county, or state where the case was filed.
- The name of someone involved, provided it is not a juvenile.
Does Missouri Recognize Common-Law Marriage?
No. Although Missouri does not recognize Common-Law marriages as legal, the Full Faith and Credit Clause of the United States Constitution mandates the recognition of common-law couples who move to Missouri from states where common-law marriage is the practice.
Missouri abolished common law marriage in 1921.
How to Get a Divorce in Missouri
To get a divorce in Missouri, one must first satisfy the state's residency requirements: either spouse must have been a Missouri resident or a member of the military stationed in Missouri for 90 days immediately before filing the divorce papers. Also, 30 days must have elapsed since the divorce petition's filing (Mo. Rev. Stat. § 452.305(1)).
Missouri is a no-fault divorce state. Hence, couples can obtain a divorce decree if a judge determines there to be no reasonable likelihood that a marital union can be maintained and, thus, the marriage is "irretrievably broken". However, the steps to get a divorce in Missouri depend on the couple's agreement on the issues involved in the divorce. For example, child custody, alimony, and property division.
If the spouses disagree on at least one issue, the court considers it to be a contested divorce case. Such cases are better completed with an attorney's assistance to preserve the rights of the involved sides. However, the case is uncontested if there are no disparate views on how (or if) the marriage should be dissolved. Couples can follow these steps to get an uncontested divorce in Missouri:
STEP 1: The petitioner (the spouse who starts the marriage dissolution case) must obtain a Petition for Dissolution of Marriage Form (CAFC001) from the Missouri Courts website. As mentioned earlier, the spouse filing for divorce or their partner must have resided in Missouri for at least 90 days prior.
STEP 2: The Petition for Dissolution of Marriage Forms must be filed in the county where either spouse resides. Note that filing for divorce in Missouri usually comes with some fees, but individuals may be eligible for fee waivers after submitting the In Forma Pauperis Application Form.
STEP 3: Aside from the petition form, the following divorce documents may be required during the case:
- Statement of Income and Expenses (CAFC050)
- Statement of Property and Debt
- Parenting Plan
- Filing Information Sheet
- Certificate of Dissolution
- Judgment of Dissolution of Marriage Form
- The Presumed Father's Petition for Declaration of Non-Paternity (CAFC303)
STEP 4: After the marriage dissolution petition is filed, the next step is the service of process. This is when the petitioner sends an official notice to the respondent (the other spouse) about the divorce case. This notice carries the summons prepared by the court clerk and a copy of the petition. The petitioner can choose any of the methods below to serve the summons:
- Waiver of personal service: The respondent accepts the petition served by the petitioner and signs an Entry of Appearance and Waiver of Service Form.
- Personal service: Here, a sheriff or other court officer personally delivers the petition and summons to the respondent.
- Private or special process server: This type of service is required when the respondent is trying to avoid being served or is difficult to find.
- Service by publication: This is only acceptable when the respondent's location is unknown.
STEP 5: Once the respondent receives the summons and petition, the respondent must file an Answer (a written response) within 30 days.
STEP 6: When all the required forms are submitted, the divorce case will be ready for a court hearing. At the hearing, the petitioner and respondent will provide evidence like testimonies, witnesses, documents, and exhibits to prove their case. After hearing all the evidence, the judge will enter a written order approving the divorce.