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Petition For Dissolution Of Marriage Form. This is a Missouri form and can be use in 21st Circuit (St. Louis County) Local Circuit Courts.
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Tags: Petition For Dissolution Of Marriage, CAFC001, Missouri Local Circuit Courts, 21st Circuit (St. Louis County)
IN THE ________ COURT OF _________________________, MISSOURI
(Type of court)
(County where court is located)
If this is an amended
petition, you MUST enter
the Case Number.
In re the Marriage of
_________________
(First)
_____________
(Middle)
____________________
(Last)
_________
(Jr./Sr./III)
Petitioner, (Your full name should be entered here)
Case No. ____________
(Will be assigned when case is filed)
-andDivision No. ____________
_________________
(First)
_____________
(Middle)
____________________
(Last)
_________
(Jr./Sr./III)
(Will be assigned when case is filed)
Respondent. (Enter your spouse’s full name here)
Count I – Petition for Dissolution of Marriage
1. How many petitions have you filed in this case?
This is the first petition I have filed in this case. (Original Petition)
This is the second petition I have filed in this case.
This is the third petition I have filed in this case.
2. Are you the Husband or the Wife?
I am the Wife.
I am the Husband.
3. What is your mailing address?
If you change addresses,
make sure to tell the court
in writing your new
address.
_________________________________________________________
(Street)
_________________________
(City)
__________________
(State)
___________
(Zip)
_________________________
(Telephone Number)
Throughout this entire case, you will
always be the “Petitioner” and your husband
or wife will always be the “Respondent”.
Your husband or wife is also referred to as
your “spouse”.
This is the address that the court will
use to send information concerning your
case to you.
This address is not necessarily the
same as the address at which you reside.
Even if you do not wish to disclose the
address at which you reside, you MUST still
provide the court with a mailing address.
_____________________________
(E-Mail Address)
Your social security number is required
by RSMo §452.312.
4. What is your social security number?
___________________________________
(Social Security Number)
Question 5
should never be
blank
5. What is your spouse’s mailing address?
_________________________________________________________
(Street)
_________________________
(City)
__________________
(State)
_________________________
(Telephone Number)
This is the address that the court will
use to send information concerning your
case to your spouse. If you do not know
your spouse’s current address, you should
enter the last known address of your
husband or wife.
___________
(Zip)
_____________________________
(E-Mail Address)
6. What is your spouse’s social security number?
___________________________________
(Social Security Number)
Your spouse’s social security number is
required by RSMo §452.312. Do not leave
this field blank. If you do not know your
spouses social security number, enter
“Unknown” in this field.
Petition for Dissolution of Marriage – Page 1 of 12
Form CAFC001-05/2008
This form is available for free at www.courts.mo.gov
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ONE and only ONE box
should be checked on
this page.
7. DIRECTIONS FOR SERVICE ON RESPONDENT
How will your spouse receive legal notice of this proceeding?
Before your case can proceed, your
spouse must be given notice that you have
filed this case. This notice can be given in
one of the methods described on this page.
Respondent has signed a verified “Answer to Petition for
Dissolution of Marriage” which is being filed with the “Petition for
Dissolution of Marriage.” Therefore, do not issue a summons.
If you check this box, you must file the
“Answer to Petition for Dissolution of
Marriage” at the same time you file this
petition. The “Answer” must be signed by
your spouse in front of a notary public.
Respondent has signed a verified “Waiver of Service and Entry of
Appearance” which is being filed with the “Petition for Dissolution of
Marriage.” Therefore, do not issue a summons.
If your spouse signs a “Waiver of
Service and Entry of Appearance” he or she
has thirty days in which to file an answer to
the petition. The “Waiver of Service and
Entry of Appearance” must be signed by
your spouse in front of a notary public.
Respondent will voluntarily enter his/her appearance in this case
and therefore summons should be issued but held in the Sheriff’s
office for this County. If a verified “Waiver of Service and Entry of
Appearance” is not filed within thirty (30) days, this case may be
dismissed without further notice to Petitioner.
Your spouse can either sign an answer
or waiver within thirty days, or your spouse
can pick up a copy of the papers in the
sheriff’s office for this county within thirty
days.
If you select this option, the clerk will
issue a summons which will be “held” in the
Sheriff’s office.
Summons should be served upon Respondent at his/her
residence:
Respondent may be served either at
his/her place of employment or at his/her
home. You should check the appropriate
box.
Your spouse must be served within
thirty (30) days of the issuance of the
summons.
________________________________________________________
(Street)
_________________________
(City)
__________________
(State)
___________
(Zip)
Summons should be served upon Respondent at his/her place of
employment:
_________________________________________
(Employer’s Name - if applicable)
__________________
(Hours of Employment)
IF YOU ARE GOING TO HAVE YOUR
SPOUSE SERVED, YOU MUST FILE
ANOTHER COPY OF ALL YOUR
DOCUMENTS IN THIS CASE TO BE
SERVED ON YOUR SPOUSE.
________________________________________________________
(Street)
_________________________
(City)
__________________
(State)
___________
(Zip)
Respondent cannot be served in Missouri. Therefore, service by
registered mail is requested. A copy of the “Affidavit for Service by
Mail” is attached to this form. See Missouri Supreme Court Rule
54.12(b)
Service by registered mail is only
available if your spouse resides outside the
State of Missouri.
If you have service by mail, you are not
entitled to obtain any kind of money
judgment against your spouse for such
things as child support or maintenance.
The whereabouts of Respondent are unknown and there is no
way of contacting him or her. I have attempted to locate the
Respondent and have been unable to do so. Therefore, service by
publication will be required. A copy of the “Affidavit for Service by
Publication” is attached to this form. Child support, maintenance or
other money judgments will not be allowed against Respondent if
service is by publication. Publication must be made in the County
where this matter is filed in a newspaper of general circulation. See
Missouri Supreme Court Rule 54.12(c).
You can only obtain service by
publication if the whereabouts of your
spouse are unknown, and you cannot locate
him or her by making all reasonable
attempts to find out where he or she can be
served.
If you have service by publication, you
are not entitled to obtain any kind of money
judgment against your spouse for such
things as child support or maintenance.
This option should only be utilized as a
last resort.
Other: ______________________________________________
NOTE: Must be authorized by
Supreme Court Rule or Statute.
Petition for Dissolution of Marriage – Page 2 of 12
Form CAFC001-05/2008
This form is available for free at www.courts.mo.gov
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8. What is your birth date?
You should enter your birth date in the
specified format. For example, if your birth
date is January 5, 1975, you should enter
‘01/05/1975’ on the line.
_____________
(MM/DD/YYYY)
9. In what country do you currently reside?
______________________
(Country)
10. In what state do you currently reside and for what length of
time have your resided in your state of residence?
_________________________
(State of Residence)
______ ______ ______
Years
Months Days
(Length of Residence in this State)
11. In what county do you currently reside and for what length of
time have you resided in your county of residence?
_________________________
(Name of County)
______ ______ ______
Years
Months Days
(Length of Residence in this County)
Read each question carefully. This question
requests the COUNTRY in which you reside.
It does not request the COUNTY in which
you reside.
You should enter state in which you
reside and the length of time you have been
a resident of the State. Missouri law
requires that one party to a dissolution of
marriage proceeding must have been a
resident of the State of Missouri for at least
ninety (90) days. If the time is less than four
months, state the number of days you have
resided in the state.
The “City of St. Louis” is considered a
County. If you live in the City of St. Louis,
you should write “St. Louis City” in the blank.
Also you should enter the length of time
you have been a resident of the County.
Not the City
Not the Country
(See Explanation)
12. What is your current employment status?
Employed
Unemployed
Self-employed
13. If you are employed or self-employed, where do you currently
work?
_________________________________________
(Employer’s Name or type of self-employment)
If you are self-employed, enter a brief
description of the type of work you perform
such as “Landscaping” or “Daycare” on the
line for the name of your employer. If you
are self-employed you should also enter the
address information for your selfemployment.
________________________________________________________
(Street)
_________________________
(City)
__________________
(State)
___________
(Zip)
14. What is your total monthly gross income from all sources?
________________________
(Total Monthly Gross Income)
15. Can you support yourself through the combined income from
your employment and income from property that you will receive
in the dissolution?
Yes
No
16. What is your spouse’s birth date?
_____________
(MM/DD/YYYY)
Enter the total amount of gross income
you earn each month. “Gross income” is the
amount of money a person earns before
anything such as taxes is deducted. For a
more detailed definition of “gross income”
see Missouri Supreme Court Form No. 14.
This does not include supporting any
minor children.
You should enter your spouse’s birth
date in the specified format.
Petition for Dissolution of Marriage – Page 3 of 12
Form CAFC001-05/2008
This form is available for free at www.courts.mo.gov
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17. In what country does your spouse currently reside?
______________________
(Country)
18. In what state does your spouse currently reside and for what
length of time has your spouse resided in his or her state of
residence?
_________________________
(State of Residence)
______ ______ ______
Years
Months Days
(Length of Residence in this State)
19. In what county does your spouse currently reside and for what
length of time has your spouse resided in his or her county of
residence?
_________________________
(Name of County)
Not the City
Not the Country
______ ______ ______
Years
Months Days
(Length of Residence in this County)
20. If your spouse does not live in Missouri, did you and your
spouse live together in Missouri during your marriage?
Yes.
No.
Not Applicable. (My spouse currently resides in Missouri)
You should enter state in which your
husband or wife resides and the length of
time your spouse has been a resident of the
State. If the time is less than four months,
state the number of days you have resided
in the state.
If you do not know in which county your
spouse resides and cannot find out this
information from any source such as family,
friends, telephone listings, or the internet,
then you should enter “Unknown”.
Also you should enter the length of time
your spouse has been a resident of the
County. The “City of St. Louis” is considered
a County.
If you and your spouse have never lived
together in the State of Missouri during your
marriage, and he or she does not voluntarily
enter his or her appearance in this
proceeding, the court will lack personal
jurisdiction over your spouse. This means
that the court cannot award any money
judgment to you.
It may be better to file this case in the
state where your spouse resides. You
should consult a lawyer for further
information.
21. What is your spouse’s current employment status?
Employed
Unemployed
Self-employed
Unknown
22. If your spouse is employed or self-employed, where does he
or she currently work?
_________________________________________
(Employer’s Name or type of self-employment)
If your spouse is self-employed, enter a
brief description of the type of work he or
she performs such as “Landscaping” or
“Daycare” on the line for the name of your
employer. If your spouse is self-employed
you should also enter the address
information for his or her self-employment.
________________________________________________________
(Street)
_________________________
(City)
__________________
(State)
___________
(Zip)
23. What is your spouse’s total monthly gross income from all
sources?
________________________
(Total Gross Monthly Income)
Enter the total amount of gross income
your spouse earns each month. “Gross
income” is the amount of money a person
earns before anything such as taxes is
deducted.
If you do not know the exact amount of
gross monthly income for your spouse, you
should enter your best estimate here.
Petition for Dissolution of Marriage – Page 4 of 12
Form CAFC001-05/2008
This form is available for free at www.courts.mo.gov
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24. Can your spouse support him or herself through the combined
income from his or her employment and income from property that
he or she will receive in the dissolution?
Yes
No
Unknown
This does not include supporting any
minor children born of the marriage.
25. Is your spouse on active duty in the military?
Yes
No
You must enter
If your spouse is on active duty in the
armed forces of the United States, the
Servicemembers Civil Relief Act (SCRA)
may prevent you from obtaining a
dissolution of marriage without your
spouse’s consent. You should contact a
lawyer about this situation prior to filing this
petition.
a date on this
line.
26. On what date were you married?
_____________
(MM/DD/YYYY)
27. In what country, state and county did you get your marriage
license?
_________________
(Country)
_____________________
(State)
______________________
(Name of County)
28. On what date did you and your spouse separate?
_____________
(MM/DD/YYYY)
You must enter
a date on this
line.
You must answer this
question.
This is also the county where the
marriage is registered and is not necessarily
the same as the county where you were
married.
The City of St. Louis is considered a
county and is the only city in the state of
Missouri that is a county.
The date of separation is not
necessarily the same as the date one party
moved out of the joint residence of the
parties. Under some circumstances, the
parties may be separated and still be
residing in the same residence.
29. Is there any reasonable likelihood that your marriage can be
preserved?
Yes
No
If you answered “Yes”, then the court
will not grant a dissolution of marriage but
may grant a legal separation.
30. Is your marriage irretrievably broken?
Yes
No
If you answered ‘No”, then the court will
not grant a dissolution of marriage but may
grant a legal separation.
31. State any arrangements which you and your spouse have
made for the maintenance of the other party or the custody and
support of any children.
If you have unemancipated children,
please state any arrangements you and your
spouse have concerning the support and
custody of the children.Maintenance is what
used to be called alimony. It refers to an
amount paid by one party to the other party
for his or her support. It is not the same as
child support.
____________________________________________________________________
____________________________________________________________________
32. Is Wife pregnant?
Yes
No
You should answer “Yes” if Wife is
pregnant even if Husband is not the father of
this child.
33. How many living children do you and your spouse have
together that were born after the date of your marriage?
Each one of these children
should be listed in your answers to
Questions 38 through 41.
_________________
(Number of Children)
Do not answer this question “N/A” or
“Not Applicable.” You MUST enter
a number on this line.
Include in this number all living children
born to Wife during this marriage as a result
of sexual intercourse with Husband including
children who are grown. Do not include
deceased children.
Petition for Dissolution of Marriage – Page 5 of 12
Form CAFC001-05/2008
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34. How many living children did you and your spouse adopt?
_________________
(Number of Children)
Do not answer this question “N/A” or
“Not Applicable.” You MUST enter a
number on this line.
35. How many living children do you and your spouse have
together that were born before the date of your marriage?
_________________
(Number of Children)
Do not answer this question “N/A” or
“Not Applicable.” You MUST enter a
number on this line.
36. How many living children did Wife have with someone other
than Husband that were born after the date of their marriage? (This
number includes children born since the parties separated)
_________________
(Number of Children)
Do not answer this question “N/A” or
“Not Applicable.” You MUST enter a
number on this line.
37. Enter the total number of children from lines 31, 32, 33, and 34.
_________________
(Number of Children)
Do not answer this question “N/A” or
“Not Applicable.” You MUST enter a
number on this line.
Each one of these children
should be listed in your answers to
Questions 38 through 41.
Include in this number all living children
that were (a) born to Wife and subsequently
adopted by Husband; or (b) fathered by
Husband and subsequently adopted by
Wife; or (c) adopted by both parties. Include
in this number children who are grown. Do
not include deceased children.
Each one of these children
should be listed in your answers to
Questions 38 through 41.
Include in this number all living children
born to Wife before this marriage as a result
of sexual intercourse with Husband including
children who are grown. You should attach
a copy of the birth certificate for these
children to your petition. If Husband is not
listed as the father on the birth certificate,
additional information may be required to be
included in your petition.
Each one of these children
should be listed in your answers to
Questions 38 through 41.
Include in this number all living children
born to Wife during this marriage as a result
of sexual intercourse with a man other than
Husband including any children who are
grown. Do not include deceased children.
Information in addition to the information on
this petition will be required before the court
may proceed with your case.
Each one of these children
should be listed in your answers to
Questions 38 through 41.
Add the numbers you entered on lines
33, 34, 35, and 36 above and enter the total.
NOTE: If line 37 is zero, then you may skip Questions 38 through 49 and go directly to Question
50.
INSTRUCTIONS FOR QUESTIONS 38 THROUGH 41 PERTAINING TO CHILDREN
Questions 38 through 41 each have 10 subparts lettered ‘a’ through ‘j’. These subparts are arranged vertically in two columns on
each page. Each of these two columns represents the information for one child. Question 38 pertains to the first child, Question 39
pertains to the second child, and so on.
If you answered Question 37 with ‘0’, you should skip Questions 38 through 49 and go directly to Question 50.
If you answered Question 37 with ‘1’, you should answer Question 38 for the one child you listed in your answer to
Question 37 and if the child is not emancipated, you should also answer questions 42 through 49 inclusive.
If you answered Question 37 with ‘2’, you should answer Questions 38 and 39 for the two children you listed in your
answer to Question 37. If either of the children is not emancipated, you should also answer questions 42 through 49 inclusive.
If you answered Question 37 with ‘3’, you should answer Questions 38 through 40 for the three children you listed in
your answer to Question 37. If any of the children are not emancipated, you should also answer questions 42 through 49 inclusive.
If you answered Question 37 with ‘4’, you should answer Questions 38 through 41 for the four children you listed in your
answer to Question 37. If any of the children are not emancipated, you should also answer questions 42 through 49 inclusive.
If you answered Question 37 with a number greater than ‘4’, you should answer Questions 38 through 41 for the
four children you listed in your answer to Question 37. Additionally, you should attach additional pages answering all the questions
asked in Question 38 for each child you have in addition to the children you have described in Questions 38 through 41. If any of
the children are not emancipated, you should also answer questions 42 through 49 inclusive.
You must list the children even if they are adults or if they are in someone else’s custody. You
must also list each child that was born after the date of the marriage even if Husband is not the
father of the child.
Petition for Dissolution of Marriage – Page 6 of 12
Form CAFC001-05/2008
This form is available for free at www.courts.mo.gov
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QUESTION 38
CHILD ONE
(To be answered if the answer to question 37 is one or more)
38a. What is the full name of this child?
a.
38b. What is the Social Security Number of this child?
b.
38c. What is the current address of this child?
c.
38d. What is the birth date of this child?
d.
(Format mm/dd/yyyy)
38e. Check all of the following boxes that apply:
(To be answered for each child)
This child is married or is on active duty in the military.
This child is self-supporting, and the custodial parent has relinquished parental control over this child by express
or implied consent.
This child is over the age of 21, is not insolvent, and is not physically or mentally incapacitated from supporting
himself or herself.
This child is over the age of 18, has not yet reached the age of 21, is not insolvent, is not physically or mentally
incapacitated from supporting himself or herself and one or more of the following is true:
This child is not currently enrolled in or attending high school or college.
This child graduated from high school, but has not been continuously enrolled in college since October 1
immediately following his or her graduation from high school.
This child graduated from high school and has been continuously enrolled in college since October 1
immediately following his or her graduation from high school, but has not completed at least 12 hours each
semester or completed at least 9 hours and worked 15 hours per week during the same period.
(This provision does not apply to a child who has been diagnosed with a learning disability, or whose
physical disability or diagnosed health problem limits the child’s ability to carry sufficient credit hours.)
If the circumstances of the child manifestly dictate, the court may waive the October first deadline for enrollment. “College” means any junior college,
community college, college or university at which the child attends classes regularly. As used in this form, “college” also includes any postsecondary
training or schooling for which the student is assessed a fee and attends classes regularly.
If you did not check any of the boxes in Question ‘38e’, you must answer the rest of the
information for this child on this page (parts ‘38f’ through ‘38j’) and you must also answer
questions 42 through 49 for this child. This child IS NOT emancipated and the court must make
orders with respect to custody and support of this child.
If you checked any of the boxes in Question ‘38e’, you do not need to answer the rest of the
information for this child and questions 42 through 49 do not apply to this child. This child IS
emancipated.
38f. With whom has this child primarily resided during the previous sixty days?
f.
g.
Wife
Husband
Joint Husband/Wife
Third Person
h.
Wife
Husband
Joint Husband/Wife
Third Person
38g. Who should have legal custody of this child?
NOTE: Legal custody refers to
who will make the decisions concerning health, education and welfare for this child. RSMo §452.375.1(2)
38h. Who should have physical custody of this child?
NOTE: Physical custody
refers to where this child will reside and what time this child spends with each parent. RSMo
§452.375.1(3)
38i. Who is the father of this child? If Husband is not the father of this child, you must
state the name of each person who could be the father. This person(s) and this child must be joined as
parties in this proceeding if Husband is not the father of this child.
i.
38j. If this child was born prior to the marriage, is Husband listed as the
father on the birth certificate? Attach a copy of the birth certificate to this petition.
j.
Husband
Other (State Name(s))
____________________
Yes
No
Not Applicable
Petition for Dissolution of Marriage – Page 7 of 12
Form CAFC001-05/2008
This form is available for free at www.courts.mo.gov
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QUESTION 39
CHILD TWO
(To be answered if the answer to question 37 is two or more)
39a. What is the full name of this child?
a.
39b. What is the Social Security Number of this child?
b.
39c. What is the current address of this child?
c.
39d. What is the birth date of this child?
d.
(Format mm/dd/yyyy)
39e. Check all of the following boxes that apply:
(To be answered for each child)
This child is married or is on active duty in the military.
This child is self-supporting, and the custodial parent has relinquished parental control over this child by express
or implied consent.
This child is over the age of 21, is not insolvent, and is not physically or mentally incapacitated from supporting
himself or herself.
This child is over the age of 18, has not yet reached the age of 21, is not insolvent, is not physically or mentally
incapacitated from supporting himself or herself and one or more of the following is true:
This child is not currently enrolled in or attending high school or college.
This child graduated from high school, but has not been continuously enrolled in college since October 1
immediately following his or her graduation from high school.
This child graduated from high school and has been continuously enrolled in college since October 1
immediately following his or her graduation from high school, but has not completed at least 12 hours each
semester or completed at least 9 hours and worked 15 hours per week during the same period.
(This provision does not apply to a child who has been diagnosed with a learning disability, or whose
physical disability or diagnosed health problem limits the child’s ability to carry sufficient credit hours.)
If the circumstances of the child manifestly dictate, the court may waive the October first deadline for enrollment. “College” means any junior college,
community college, college or university at which the child attends classes regularly. As used in this form, “college” also includes any postsecondary
training or schooling for which the student is assessed a fee and attends classes regularly.
If you did not check any of the boxes in Question ‘39e’, you must answer the rest of the
information for this child on this page (parts ‘39f’ through ‘39j’) and you must also answer
questions 42 through 49 for this child. This child IS NOT emancipated and the court must make
orders with respect to custody and support of this child.
If you checked any of the boxes in Question ‘39e’, you do not need to answer the rest of the
information for this child and questions 42 through 49 do not apply to this child. This child IS
emancipated.
39f. With whom has this child primarily resided during the previous sixty days?
f.
g.
Wife
Husband
Joint Husband/Wife
Third Person
h.
Wife
Husband
Joint Husband/Wife
Third Person
39g. Who should have legal custody of this child?
NOTE: Legal custody refers to
who will make the decisions concerning health, education and welfare for this child. RSMo §452.375.1(2)
39h. Who should have physical custody of this child?
NOTE: Physical custody
refers to where this child will reside and what time this child spends with each parent. RSMo
§452.375.1(3)
39i. Who is the father of this child? If Husband is not the father of this child, you must
state the name of each person who could be the father. This person(s) and this child must be joined as
parties in this proceeding if Husband is not the father of this child.
i.
39j. If this child was born prior to the marriage, is Husband listed as the
father on the birth certificate? Attach a copy of the birth certificate to this petition.
j.
Husband
Other (State Name(s))
____________________
Yes
No
Not Applicable
Petition for Dissolution of Marriage – Page 8 of 12
Form CAFC001-05/2008
This form is available for free at www.courts.mo.gov
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QUESTION 40
CHILD THREE
(To be answered if the answer to question 37 is three or more)
40a. What is the full name of this child?
a.
40b. What is the Social Security Number of this child?
b.
40c. What is the current address of this child?
c.
40d. What is the birth date of this child?
d.
(Format mm/dd/yyyy)
40e. Check all of the following boxes that apply:
(To be answered for each child)
This child is married or is on active duty in the military.
This child is self-supporting, and the custodial parent has relinquished parental control over this child by express
or implied consent.
This child is over the age of 21, is not insolvent, and is not physically or mentally incapacitated from supporting
himself or herself.
This child is over the age of 18, has not yet reached the age of 21, is not insolvent, is not physically or mentally
incapacitated from supporting himself or herself and one or more of the following is true:
This child is not currently enrolled in or attending high school or college.
This child graduated from high school, but has not been continuously enrolled in college since October 1
immediately following his or her graduation from high school.
This child graduated from high school and has been continuously enrolled in college since October 1
immediately following his or her graduation from high school, but has not completed at least 12 hours each
semester or completed at least 9 hours and worked 15 hours per week during the same period.
(This provision does not apply to a child who has been diagnosed with a learning disability, or whose
physical disability or diagnosed health problem limits the child’s ability to carry sufficient credit hours.)
If the circumstances of the child manifestly dictate, the court may waive the October first deadline for enrollment. “College” means any junior college,
community college, college or university at which the child attends classes regularly. As used in this form, “college” also includes any postsecondary
training or schooling for which the student is assessed a fee and attends classes regularly.
If you did not check any of the boxes in Question ‘40e’, you must answer the rest of the
information for this child on this page (parts ‘40f’ through ‘40j’) and you must also answer
questions 42 through 49 for this child. This child IS NOT emancipated and the court must make
orders with respect to custody and support of this child.
If you checked any of the boxes in Question ‘40e’, you do not need to answer the rest of the
information for this child and questions 42 through 49 do not apply to this child. This child IS
emancipated.
40f. With whom has this child primarily resided during the previous sixty days?
f.
g.
Wife
Husband
Joint Husband/Wife
Third Person
h.
Wife
Husband
Joint Husband/Wife
Third Person
40g. Who should have legal custody of this child?
NOTE: Legal custody refers to
who will make the decisions concerning health, education and welfare for this child. RSMo §452.375.1(2)
40h. Who should have physical custody of this child?
NOTE: Physical custody
refers to where this child will reside and what time this child spends with each parent. RSMo
§452.375.1(3)
40i. Who is the father of this child? If Husband is not the father of this child, you must
state the name of each person who could be the father. This person(s) and this child must be joined as
parties in this proceeding if Husband is not the father of this child.
i.
40j. If this child was born prior to the marriage, is Husband listed as the
father on the birth certificate? Attach a copy of the birth certificate to this petition.
j.
Husband
Other (State Name(s))
____________________
Yes
No
Not Applicable
Petition for Dissolution of Marriage – Page 9 of 12
Form CAFC001-05/2008
This form is available for free at www.courts.mo.gov
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QUESTION 41
CHILD FOUR
(To be answered if the answer to question 37 is four or more)
41a. What is the full name of this child?
a.
41b. What is the Social Security Number of this child?
b.
41c. What is the current address of this child?
c.
41d. What is the birth date of this child?
d.
(Format mm/dd/yyyy)
41e. Check all of the following boxes that apply:
(To be answered for each child)
This child is married or is on active duty in the military.
This child is self-supporting, and the custodial parent has relinquished parental control over this child by express
or implied consent.
This child is over the age of 21, is not insolvent, and is not physically or mentally incapacitated from supporting
himself or herself.
This child is over the age of 18, has not yet reached the age of 21, is not insolvent, is not physically or mentally
incapacitated from supporting himself or herself and one or more of the following is true:
This child is not currently enrolled in or attending high school or college.
This child graduated from high school, but has not been continuously enrolled in college since October 1
immediately following his or her graduation from high school.
This child graduated from high school and has been continuously enrolled in college since October 1
immediately following his or her graduation from high school, but has not completed at least 12 hours each
semester or completed at least 9 hours and worked 15 hours per week during the same period.
(This provision does not apply to a child who has been diagnosed with a learning disability, or whose
physical disability or diagnosed health problem limits the child’s ability to carry sufficient credit hours.)
If the circumstances of the child manifestly dictate, the court may waive the October first deadline for enrollment. “College” means any junior college,
community college, college or university at which the child attends classes regularly. As used in this form, “college” also includes any postsecondary
training or schooling for which the student is assessed a fee and attends classes regularly.
If you did not check any of the boxes in Question ‘41e’, you must answer the rest of the
information for this child on this page (parts ‘41f’ through ‘41j’) and you must also answer
questions 42 through 49 for this child. This child IS NOT emancipated and the court must make
orders with respect to custody and support of this child.
If you checked any of the boxes in Question ‘41e’, you do not need to answer the rest of the
information for this child and questions 42 through 49 do not apply to this child. This child IS
emancipated.
41f. With whom has this child primarily resided during the previous sixty days?
f.
g.
Wife
Husband
Joint Husband/Wife
Third Person
h.
Wife
Husband
Joint Husband/Wife
Third Person
41g. Who should have legal custody of this child?
NOTE: Legal custody refers to
who will make the decisions concerning health, education and welfare for this child. RSMo §452.375.1(2)
41h. Who should have physical custody of this child?
NOTE: Physical custody
refers to where this child will reside and what time this child spends with each parent. RSMo
§452.375.1(3)
41i. Who is the father of this child? If Husband is not the father of this child, you must
state the name of each person who could be the father. This person(s) and this child must be joined as
parties in this proceeding if Husband is not the father of this child.
i.
41j. If this child was born prior to the marriage, is Husband listed as the
father on the birth certificate? Attach a copy of the birth certificate to this petition.
j.
Husband
Other (State Name(s))
____________________
Yes
No
Not Applicable
Petition for Dissolution of Marriage – Page 10 of 12
Form CAFC001-05/2008
This form is available for free at www.courts.mo.gov
American LegalNet, Inc.
www.FormsWorkflow.com
Additional Information about Unemancipated Children
Questions 42 through 49 below pertain to all unemancipated children listed in your answers to questions
38 through 41. If there are no unemancipated children, you may skip questions 42 through 49 and go
directly to question 50 on page 12 of this Petition. The information on this page is required under the
Uniform Child Custody Jurisdiction Act, RSMo §452.440 et. seq. and under RSMo. §454.501.
42. State all addresses at which the unemancipated children have
resided during the past six months and the name of the person
with whom said children resided.
____________________________________________________________________
43. Do you know of anyone other than you or your spouse that
has physical custody of any of the unemancipated children or
claims to have custody or visitation rights with respect to any of
the unemancipated children?
Yes
No
44. Do you have any information of any other custody proceeding
concerning any of the unemancipated children pending in a court
of this or any other state?
Yes
No
45. Have you participated in any other litigation concerning the
custody of any of the unemancipated children in this or any other
state?
Yes
No
46. If you answered “Yes” to questions 43, 44 or 45, please
explain.
____________________________________________________________________
____________________________________________________________________
47. Have any of the unemancipated children been a victim of
abuse or neglect?
Yes
No
48. Have any orders pertaining to any of the unemancipated
children been entered by the Family Support Division?
Yes, I have attached a copy of the order to this petition.
No
Do not leave these questions blank if
there are unemancipated children.
____________________________________________________________________
49. Are you or your spouse currently receiving benefits pursuant
to TANF?
Yes
No
Unknown
Petition for Dissolution of Marriage – Page 11 of 12
Form CAFC001-05/2008
This form is available for free at www.courts.mo.gov
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50. Are there any other allegations?
____________________________________________________________________
____________________________________________________________________
If there are any other statements you
wish to include in your petition, you should
enter them here. Specific allegations of
misconduct are not necessary unless and
until your spouse denies that the marriage is
irretrievably broken.
____________________________________________________________________
REQUEST FOR RELIEF
If you are the Wife, do you want to change your name back to the name you had prior to your marriage or
back to your original maiden name?
Yes, I would like to change my name back to my previous married name of _________________.
Yes, I would like to change my name back to my maiden name of ____________________.
No, I will keep the name I have.
I WOULD LIKE THE COURT TO GRANT THE FOLLOWING:
A dissolution of my marriage;
Custody of the child(ren) born of the marriage as stated herein (if applicable);
Appropriate orders with respect to the support of the minor child(ren) (if applicable);
A division of the marital property and debts (REQUIRED);
And such further and other orders as the court would deem appropriate.
Maintenance to be paid to me by my spouse; (Optional)
Maintenance to be paid to my spouse by me; (Optional)
Petitioner, of lawful age, being duly sworn on his or her oath, states that he or she is the petitioner named
above and that the facts stated in the Petition for Dissolution of Marriage are true according to his or her
best knowledge and belief.
►__________________________________
Petitioner – SIGN HERE
__________________________________
Petitioner – PRINT YOUR NAME HERE
Subscribed and sworn to this _____ day of __________________, 20____.
________________________
Notary Public
You must sign this petition
in front of a Notary Public.
My Commission Expires:
_____________________
ATTORNEY INFORMATION (May be completed by your attorney)
________________________________________
Attorney – SIGN HERE
___________________
Missouri Bar Number
_________________________________________________________
Attorney for Petitioner – PRINT YOUR NAME HERE
_________________________________________________________
(Street)
_________________________
(City)
_________________
(Telephone Number)
__________________
(State)
_________________
(Fax Number)
___________
(Zip)
______________________
(Email Address)
Do not enter any
information here if you are
filing this case without the
assistance of a lawyer.
This information may be
completed by your attorney.
I have assisted Petitioner in
the preparation of these
pleadings, but I am not
entering my appearance on
behalf of Petitioner.
Petition for Dissolution of Marriage – Page 12 of 12
Form CAFC001-05/2008
This form is available for free at www.courts.mo.gov
American LegalNet, Inc.
www.FormsWorkflow.com