[MO] What form do I need to refile a divorce that was dismissed without prejudice years ago?

MO Family

Michael M. Esq.

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In this situation, because the prior divorce case was dismissed without prejudice, it was never finalized and has no legal effect on your marital status. That means you’ll need to start over and refile the divorce.

To begin the process in Missouri, you must file a Petition for Dissolution of Marriage with the circuit court in the county where you meet residency requirements. The marital settlement agreement is not used to open the case — it typically comes later, either when both parties agree to the terms or when you’re seeking to finalize the divorce.

Since you don’t know where your former spouse is, you’ll need to ask the court for permission to serve her by publication. Missouri courts require you to show that you made reasonable efforts to locate her, such as checking last known addresses, contacting known relatives, or conducting basic searches. Once the court approves service by publication, you’ll publish a notice in a qualifying newspaper in the area of her last known address for the required period.

When you refile, it’s a good idea to include copies of the prior case documents, especially the order dismissing the earlier case, so the court understands the history. If your spouse does not respond after service by publication is completed, you can then move forward by requesting a default judgment, which allows the court to finalize the divorce without her participation.

Missouri Marital Settlement Agreement

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I was just wondering if I filled out the right form to file for my divorce. It’s a refile from 1992 that was dismissed without prejudice.

Lexi, Chatbot

I understand you’re looking to refile for divorce after a previous dismissal. Have you already obtained legal advice on the specific form needed for this situation?

I thought so. I filled out the marriage settlement form. Is that the right one?

Lexi, Chatbot

Could you please confirm if you have the case number or any documentation from the previous divorce filing in 1992?

I do.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your divorce refile.

I don’t know where my former spouse is. I was told I will need to notice by publication.

Michael M. Esq.

Hello! My name is Michael, and I’m an attorney ready to help. Your responses matter to me, so I only need a few minutes to review and respond to each of your posts. To clarify, you filed back in 1992?

My former spouse filed in 1990.

Michael M. Esq.

Thank you for clarifying that. What worries you about this at this stage?

I want to get this resolved. I didn’t follow up years ago to make sure everything was taken care of. Now I’m looking to get married and need to resolve this. I also saw that she got a marriage license in Nevada in 1992.

Michael M. Esq.

Understood. So you’re wondering what you can do now, correct?

Yes. I want to fill out the right forms and get them filed so I can get this over with. What is the procedure? Which forms do I need?

Michael M. Esq.

What state is this in again?

I am currently in Missouri.

Michael M. Esq.

Did you need to tell me anything else before I start answering?

Not sure. Is there something you would like to know? We were together for about two months and then went our separate ways.

Michael M. Esq.

Okay. I just need a little time to draft a complete response.

Michael M. Esq.

I recently got the case file from the Denver court and it said the case was dismissed without prejudice.

Michael M. Esq.

Then yes, you would need to refile. The divorce was never officially completed.

Do I file in family court in my county?

Michael M. Esq.

Yes, you can file in your current county.

Do I put current information, or information from back then?

Michael M. Esq.

You should put your current information.

Financial information too?

Michael M. Esq.

Yes, your current financial information. Since the case was dismissed, you are still technically married.

Can she claim a portion of my current assets that have nothing to do with her?

Michael M. Esq.

Potentially, yes. Missouri is an equitable distribution state. Generally, property acquired during the marriage is divided fairly, though not necessarily equally. In cases like this, parties often reach an agreement where each keeps what they currently have, especially if the other party does not respond.

Provided she responds?

Michael M. Esq.

Correct, if she responds at all.

I tried an online divorce site but it needed her location. I’m using eForms to fill out papers. Would that work?

Michael M. Esq.

I would not recommend using eForms for this situation. A service like onlinedivorce.com may be better suited, or using court-provided forms.

Okay.

Michael M. Esq.

I want to make sure I didn’t miss anything. Are there any remaining concerns?

I just want to get this over with. Everyone makes it sound simple, but there are roadblocks everywhere. Hiring an attorney would be very expensive.

Michael M. Esq.

I understand. If you want to avoid attorneys, onlinedivorce.com is still my recommendation. Otherwise, contact your local court clerk to ask for the correct forms. You can also try this link: https://www.courts.mo.gov

Okay. Thank you. I hope I haven’t been a pain. I appreciate your patience. I was young and didn’t understand what needed to be done back then.

Michael M. Esq.

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