Procedure and venue
When someone files for divorce, legal separation, or to have a marriage declared invalid in Missouri, the court case is named after both spouses. The person who starts the case is called the 'petitioner' and the other spouse is called the 'respondent.' The case can be filed in the county where either spouse lives. If the petitioner files in their own county, the respondent can ask to move the case to their county — but only if the children lived there recently or if moving the case would be better for the children.
452.300. Procedure and . — 1. The rules of the supreme court and other applicable court rules shall govern all s sections 452.300 to 452.415.
2. A proceeding for , , or shall be entitled: "In re the Marriage of ______ and ______".
3. The initial in an pursuant to sections 452.300 to 452.415 shall be denominated a "" and the in an original proceeding shall be denominated an "". Other in an original proceeding and all pleadings in other proceedings pursuant to sections 452.300 to 452.415 shall be denominated as provided in the rules of the supreme court and other applicable court rules.
4. Any who files the initial pleading in an original proceeding pursuant to sections 452.300 to 452.415 shall be denominated the "" and any party who is required to file or who files a responsive pleading in an original proceeding shall be denominated the "". Each party shall retain such denomination from the original proceeding in any other proceedings pursuant to sections 452.300 to 452.415.
5. An original proceeding pursuant to sections 452.300 to 452.415 shall be commenced in the county in which the petitioner resides or in the county in which the respondent resides. If an original proceeding is commenced in the county in which the petitioner resides, upon by the respondent filed prior to the of a responsive pleading, the court in which the proceeding is commenced may the proceeding to the county in which the respondent resides if:
(1) The county in which the respondent resides had been the county in which the children resided during the ninety days immediately preceding the ; or
(2) The best interest of the children will be if the proceeding is transferred to the county in which the respondent resides because:
(a) The children and at least one parent have a with the county; and
(b) There is concerning the present or future care, protection and personal relationships of the children in the county.
6. In proceedings pursuant to sections 452.300 to 452.415, "" shall include a "".
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Source & history notes
(L. 1973 H.B. 315 § 1, A.L. 1998 S.B. 910)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.