Divorce Law: Grounds for Divorce in Missouri

May 5, 2023 Amanda

Divorce Law: Grounds for Divorce in Missouri

Grounds for Divorce in Missouri	Description
Irretrievable breakdown of the marriage	The marriage is irretrievably broken and there is no reasonable likelihood that the marriage can be preserved.
Adultery	One spouse committed adultery during the marriage.
Abandonment	One spouse abandoned the other for at least six continuous months before filing for divorce.
Separation	The spouses have lived separate and apart for at least 24 continuous months before filing for divorce.
Bigamy	One spouse was still legally married to another person at the time of the marriage being dissolved.
Imprisonment	One spouse was sentenced to prison for a term of one year or longer during the marriage.
Cruelty	One spouse treated the other with such cruel and barbarous treatment that it endangered the life of the other spouse.
Indignities	One spouse subjected the other to such indignities as to render that spouse’s condition intolerable.

Grounds for Divorce in Missouri

Adultery: This is one of the most common grounds for fault-based divorces in Missouri. It refers to voluntary sexual intercourse between one spouse and another person who is not their spouse.
Abandonment: If one spouse has abandoned the other for at least six continuous months without a reasonable cause, it may be considered as abandonment and can be used as grounds for divorce.
Cruelty or abuse: If a spouse has subjected his/her partner to physical or emotional cruelty, domestic violence or any type of abusive behavior that endangers the health or well-being of the other party, it could serve as valid grounds for divorce.

If none of these faults apply to your situation, you can file for a no-fault divorce based on “irreconcilable differences”. In this case, neither party needs to prove that either was at fault in causing the marriage breakdown. However, there should have been an irretrievable breakdown of the marital relationship with no reasonable prospect of reconciliation.

Introduction to grounds for divorce

The grounds for divorce in Missouri can have a significant impact on how the proceedings unfold and what outcomes you may receive. Understanding these grounds will help you make informed decisions when it comes to filing for divorce.

Fault-based Divorce: This type of divorce is filed against one spouse who has done something wrong such as adultery, abandonment or cruelty. The person filing must prove that the other party was at fault in causing the marriage breakdown.
No-Fault Divorce: This type of divorce doesn’t require either party to prove any wrongdoing. Instead, it’s enough to show that the marriage has irretrievably broken down due to “irreconcilable differences” with no reasonable prospect of reconciliation.

Overview of Missouri divorce laws

Missouri divorce laws outline the requirements for filing a divorce, property division, child custody and support, spousal maintenance or alimony payments. It’s important to be aware of these laws before you file for divorce in Missouri.

Residency: To file for divorce in Missouri, at least one spouse must have been a resident of the state for 90 days prior to filing.
Property Division: Missouri is an equitable distribution state which means that marital property will be divided fairly but not necessarily equally between spouses. Marital property includes assets acquired during the marriage while separate property refers to assets owned before marriage or acquired by inheritance or gift during the marriage.
Child Custody and Support: The court considers various factors such as the child’s age and health, parent’s ability to provide care and financial resources while determining child custody arrangements. Child support payments are based on each parent’s income and expenses with both parents being responsible for providing support until the child reaches 18 years of age (or up to 21 if still attending high school).
Spousal Maintenance/Alimony: A spouse may receive spousal maintenance if they cannot meet their reasonable needs after considering their own earning capacity, property received through settlement, duration of marriage among other factors outlined in Missouri law.

No-Fault Divorce

No-fault divorce is an option in Missouri for couples who want to end their marriage without having to prove that either spouse was at fault. This type of divorce may be less stressful and less expensive than a fault-based divorce, but it still requires careful consideration.

Irretrievable breakdown: To file for no-fault divorce in Missouri, one or both spouses must claim that the marriage has irretrievably broken down with no reasonable prospect of reconciliation. This means that there are serious issues between the couple which cannot be resolved and have led to the breakdown of their relationship.
Property division: In a no-fault divorce, property will be divided equitably (fairly but not necessarily equally) between the parties based on factors such as each spouse’s contribution to marital property, economic circumstances and conduct during the marriage among others outlined in Missouri law.
Child custody and support: When children are involved, courts will determine child custody arrangements based on what is in their best interests while taking into account factors such as parent’s ability to provide care and financial resources. Child support payments will also be determined based on both parents’ income until children reach 18 years old (or up to 21 if still attending high school).

Definition of no-fault divorce

A no-fault divorce is a type of divorce where neither spouse is held responsible for the dissolution of the marriage. Instead, it’s enough to show that the marriage has irretrievably broken down due to “irreconcilable differences” with no reasonable prospect of reconciliation.

Irretrievable breakdown: If both parties agree that their marriage has suffered an irreparable breakdown, then they can file for a no-fault divorce without proving any wrongdoing by either party.
No need to prove fault: In a no-fault divorce, there’s no need to prove adultery or abuse or any other misconduct on the part of either spouse. This makes the process quicker and less contentious as neither party needs to defend themselves against accusations.
Less expensive: Since there are fewer legal battles involved in a no-fault divorce, it tends to be less expensive than a contested divorce which may require lengthy court hearings and litigation costs.

Requirements for no-fault divorce in Missouri

It’s important to note that while a no-fault divorce does not require proof of fault on either party’s behalf, it still requires both parties’ cooperation and agreement on all aspects related to separation such as child custody arrangements and financial settlements. If these matters cannot be agreed upon between spouses outside court then they would become contested issues which will take longer time than usual.

Pros and cons of no-fault divorce

Cons:

No accountability: Without having to prove that one spouse was at fault, the other may feel like they didn’t get justice or closure on their grievances.
Limited grounds: If your situation doesn’t meet the criteria for “irreconcilable differences,” then you may not have any options under a no-fault system.

Fault Divorce

A fault divorce is a type of divorce that is filed against one spouse who has done something wrong such as adultery, abandonment or cruelty. In Missouri, you can file for a fault-based divorce under certain circumstances.

Adultery: This refers to voluntary sexual intercourse between one spouse and another person who is not their spouse. It’s important to note that proving adultery requires evidence beyond suspicion or speculation.
Abandonment: If one spouse has abandoned the other for at least six continuous months without reasonable cause, it may be considered as abandonment and can be used as grounds for divorce.
Cruelty or abuse: If a spouse has subjected his/her partner to physical or emotional cruelty, domestic violence or any type of abusive behavior that endangers the health or well-being of the other party, it could serve as valid grounds for divorce.

In case you file for a fault-based divorce in Missouri, you’ll need to provide evidence supporting your claim which means hiring an attorney might be necessary. Furthermore, filing under fault may result in longer legal proceedings and higher costs compared to no-fault divorces.

Definition of fault divorce

A fault divorce is a type of divorce that requires one spouse to prove that the other spouse was at fault for the breakdown of their marriage. In Missouri, this means showing evidence that the other party committed adultery, abandonment or cruelty.

Adultery: To use adultery as grounds for divorce in Missouri, you must provide proof that your spouse had voluntary sexual intercourse with someone who is not their partner during your marriage.
Abandonment: Abandonment occurs when a spouse deserts the other for six months or more without any reasonable cause or explanation. This can serve as grounds for filing a fault-based divorce in Missouri.
Cruelty: A person may file for a fault-based divorce on grounds of cruelty if their partner has subjected them to physical or emotional abuse which endangers their health and wellbeing.

If you’re considering filing for a fault-based divorce in Missouri, it’s important to note that these cases often involve complex legal issues and require substantial evidence. Consulting with an experienced family law attorney can help you navigate through these challenges and ensure that your rights are protected throughout the process.

Grounds for fault divorce in Missouri

It’s important to note that fault-based divorces are becoming less common because they require proof which can make the process more complicated and lengthy than no-fault divorces. It’s always best to consult an experienced family law attorney who can advise you on what course of action will work best based on your specific situation.

Proving fault in a divorce case

It’s important to note that proving fault may not always result in the outcome you’re hoping for. For example, even if adultery is proven, it may not necessarily have any impact on property division or spousal support payments. Additionally, a no-fault divorce may still be a viable option even if there has been wrongdoing by one party.

Pros and cons of fault divorce

Pros:

Fault-based divorces may result in more favorable outcomes when it comes to property division, spousal maintenance or child custody arrangements.
In certain situations, filing for a fault-based divorce may have psychological benefits as it allows the wronged spouse to hold their partner accountable for their actions and feel vindicated.

Cons:

A fault-based divorce requires proof that one spouse was at fault which means that it could take longer and cost more than a no-fault option. It may involve hiring investigators or other professionals to collect evidence of wrongdoing.
The process can be emotionally draining as both parties are likely to face accusations and counter-accusations throughout the proceedings. This can lead to further animosity between spouses and negatively impact any children involved.

If you’re unsure whether filing for a fault or no-fault divorce is right for you, it’s important to speak with an experienced attorney who can guide you through the process and help you make informed decisions about your situation.

Adultery as a Ground for Divorce

Adultery is a common ground for fault-based divorce in Missouri. It refers to voluntary sexual intercourse between one spouse and another person who is not their spouse. Here are some important things to know about adultery as a grounds for divorce in Missouri:

Burden of Proof: The burden of proof lies with the party alleging adultery, which means they must provide sufficient evidence that proves beyond reasonable doubt that the other spouse committed adultery.
Impact on Property Division: Adultery does not affect property division in Missouri as it’s an equitable distribution state where marital property is divided fairly but not necessarily equally.
Impact on Spousal Maintenance: In cases where one spouse has committed adultery, it may be considered by the court when awarding spousal maintenance or alimony payments. Factors such as duration of marriage, financial resources and standard of living will also be taken into account before making any decision regarding spousal support.

Definition of adultery in Missouri

Adultery is one of the most common grounds for fault-based divorces in Missouri. It refers to voluntary sexual intercourse between one spouse and another person who is not their spouse. However, it’s important to understand how adultery is defined under Missouri law.

Physical Contact: Adultery requires physical contact or sexual intercourse between a married person and someone who isn’t their spouse. Simply having an emotional affair or inappropriate conversations with another person doesn’t qualify as adultery under Missouri law.
Consent: The act must be consensual, meaning that both parties willingly engage in the behavior without force or coercion.

If you’re filing for divorce based on adultery, it’s important to provide evidence such as photographs, text messages, emails or other documentation that proves your claims. Without proof of the adulterous behavior, it can be difficult to convince the court to grant a divorce based on these grounds.

How to prove adultery in a divorce case

It’s important to note that circumstantial evidence alone is not enough to prove adultery; you need concrete proof such as photos or videos showing them being intimate with another person. It’s also vital to ensure the validity of the proofs provided since false allegations can lead to legal consequences.

Effect of adultery on property division and alimony

Property Division: In Missouri, marital property is divided equitably between spouses but not necessarily equally. However, if one spouse spent significant amounts of money on an extramarital affair or gifted assets to their paramour using marital funds, then the innocent spouse may be entitled to a greater share of the marital estate.
Alimony Payments: Adultery may also have an impact on alimony payments. A court may reduce or deny spousal maintenance/alimony to a cheating spouse as they are deemed to have acted in bad faith by betraying their partner’s trust and caused irreparable harm to the marriage.

It’s important to note that courts in Missouri will consider all relevant factors before deciding how much weight should be given to any specific factor including adultery when determining property distribution or awarding spousal support. It is therefore advisable for both parties involved in a divorce case involving allegations of infidelity should seek legal advice from experienced family law attorneys who can guide them through each step of the process while protecting their interests.

Abandonment as a Ground for Divorce

Abandonment is one of the most commonly cited grounds for divorce in Missouri. It’s essential to understand what abandonment means and how it can be used as a ground for divorce.

Definition: Abandonment refers to a situation where one spouse leaves the other without any reasonable cause or justification, without any intention of returning, and has been absent from home continuously for at least six months.
Evidence Required: In Missouri, if you’re filing for a fault-based divorce based on abandonment, you need to prove that your spouse abandoned you without just cause. You’ll have to present evidence such as letters, emails or text messages showing your attempts to contact your partner and their lack of response or explanation about their whereabouts during this time.
Impact on Divorce Proceedings: If abandonment is proven in court, it could affect property division and spousal support decisions. The court may consider the duration of absence while dividing marital assets and determining whether spousal maintenance should be awarded. However, it’s important to remember that every case is unique, and each decision will depend on several factors specific to the circumstances presented before the judge.

Definition of abandonment in Missouri

In Missouri, abandonment is one of the grounds for divorce. It means that one spouse has left the other without a reasonable cause and with no intention of returning. However, there are specific requirements that need to be met before abandonment can be used as grounds for divorce.

Continuous absence: The abandoning party must have been absent from the marital home for at least six continuous months without any communication or provision for support.
No reasonable cause: The leaving party must not have had a justifiable reason to leave such as abuse or adultery by the other spouse.

If these criteria are met, then the abandoned spouse may file for divorce based on desertion/abandonment. It’s important to note that if both parties agree to live apart and consider it a mutual separation, then this cannot be considered abandonment under Missouri law.

How to prove abandonment in a divorce case

If you believe that proving abandonment is difficult, consider consulting an experienced family law attorney who can help guide you through the process and ensure all legal requirements are met.

Effect of abandonment on property division and alimony

In Missouri, abandonment is one of the fault-based grounds for divorce. Abandonment occurs when one spouse leaves without cause and remains absent for at least six continuous months.

Abandonment can have an impact on property division and spousal maintenance or alimony payments:

Property Division: If a spouse abandons the other for at least six months without cause, it may be taken into consideration during property division proceedings. The court may award a greater portion of marital assets to the abandoned spouse.
Spousal Maintenance/Alimony: If a spouse has been abandoned by their partner without any reasonable cause, they may be entitled to receive spousal maintenance or alimony payments depending upon various factors such as duration of marriage, age, health condition among others outlined in Missouri law. The amount and duration of these payments will depend on individual circumstances.

Abuse as a Ground for Divorce

Abuse can be a valid ground for divorce in Missouri. If a spouse has subjected his/her partner to physical or emotional cruelty, domestic violence or any type of abusive behavior that endangers the health or well-being of the other party, it could serve as valid grounds for divorce.

If you are filing for divorce based on abuse, here are some things you should know:

Evidence: You will need evidence to prove your claims of abuse such as police reports, medical records and witness testimony.
Protective Order: You may file for a protective order which is also known as a restraining order that legally requires your abuser to stay away from you and cease all contact with you.
Custody Arrangements: In cases where there is documented abuse towards children by one parent against another parent, custody arrangements may be affected due to concern about child safety.

Definition of abuse in Missouri

In Missouri law system these actions are considered under domestic violence/abuse:

Affliction of physical pain injury or illness
The impairment of physical condition
The confinement involuntarily by force without lawful justification
Molesting (touching) another person sexually without their consent;

If you are experiencing any type of domestic abuse in your marriage, you should seek help immediately. You can reach out to a local shelter for victims of domestic violence for assistance.

How to prove abuse in a divorce case

If you’re unable to gather sufficient proof on your own, consider seeking legal help from an experienced attorney who can guide you through the process of filing for divorce based on grounds of cruelty/abuse. A lawyer may also be able to help secure a restraining order against your abusive spouse for protection during the divorce proceedings.

Effect of abuse on property division and alimony

It’s important to note that proving abuse can be difficult as it often happens behind closed doors without witnesses. However, if you’ve experienced abuse during your marriage, it’s crucial to inform your attorney so they can advise you on how best to proceed with your case while protecting your safety.

Incarceration as a Ground for Divorce

Incarceration can be used as a ground for divorce in Missouri. If your spouse is incarcerated, you may file for divorce on this basis. However, there are some considerations to keep in mind.

Length of Incarceration: In Missouri, the length of incarceration doesn’t matter when it comes to filing for divorce on this ground. It could be either short-term or long-term imprisonment.
No-Fault Divorce: Even if your spouse is incarcerated, you may still choose to file for a no-fault divorce based on “irreconcilable differences”. This means that neither party needs to prove fault or wrongdoing and instead shows that the marriage has irretrievably broken down with no reasonable prospect of reconciliation.
Property Division and Alimony: The fact that one party is incarcerated does not necessarily affect how marital property will be divided or whether spousal maintenance payments will be awarded.

Definition of incarceration in Missouri

Incarceration refers to the legal process of detaining an individual in jail or prison. In Missouri, being incarcerated can have significant consequences for a marriage and may be considered as grounds for divorce.

Definition: Incarceration is defined as being sentenced to imprisonment by a court of law. It includes serving time in any state or federal correctional institution, county jail or municipal facility within or outside Missouri.
Impact on Divorce: If one spouse is sentenced to serve time in prison, it can put significant strain on the marital relationship and lead to separation. The other spouse may choose to file for divorce based on incarceration as grounds.

If you’re considering filing for divorce based on your spouse’s incarceration, it’s important to consult with an experienced attorney who can guide you through the legal process and ensure that your rights are protected throughout the proceedings.

How to file for divorce when a spouse is in prison

It’s worth noting that filing for divorce when a spouse is in prison can be more complex than normal divorces due to logistical issues such as serving papers and attending hearings. It’s recommended that you work with an experienced attorney who specializes in divorce cases involving incarceration.

Effect of incarceration on property division and alimony

Incarceration can have a significant impact on divorce proceedings in Missouri. It’s important to understand how it may affect property division and alimony payments before filing for divorce.

Property Division: If one spouse is incarcerated, their inability to contribute financially or provide care may be taken into account while dividing marital assets. The other spouse will not automatically receive all the property though as Missouri law requires an equitable distribution based on various factors such as earning capacity, needs and contribution of each party.
Alimony: Incarceration doesn’t necessarily relieve a spouse from their obligation to pay spousal maintenance or alimony if ordered by the court. However, if there is no income available due to incarceration, then the court may modify or terminate any previously ordered support obligations until release from prison.

In summary, being incarcerated does not mean that you are exempted from your financial responsibilities towards your ex-spouse unless you obtain a modification order from the court stating otherwise.

Irretrievable Breakdown of Marriage

An irretrievable breakdown of marriage is the most common grounds for divorce in Missouri. It refers to a situation where neither spouse can live together as husband and wife anymore, without any hope or prospect of reconciliation.

No proof required: Unlike fault-based divorces, there is no need to prove any wrongdoing on the part of either spouse. You only have to show that there has been an irretrievable breakdown of the marital relationship with no reasonable prospect of reconciliation.
Divorce proceedings: If you file for divorce on this ground, you must wait at least 30 days after filing before your case can be heard. During this waiting period, you and your spouse may attempt to reconcile or negotiate terms for property division and child custody arrangements.

It’s important to note that even though it’s not necessary to prove fault in an irretrievable breakdown case, it doesn’t mean that the court won’t consider misconduct by either party when determining property division or spousal support payments.

Definition of irretrievable breakdown of marriage

If both parties agree on the irretrievable breakdown of their marriage, then they may file a joint petition with the court. However, if one party contests the claim, then evidence must be presented to prove that there has indeed been an irretrievable breakdown in order for the divorce proceedings to move forward.

How to file for divorce based on irretrievable breakdown of marriage

If both parties agree on all matters in their dissolution case then they may use an uncontested procedure which would involve submitting required paperwork and attending brief hearings instead of having multiple court appearances throughout their case. If disputes arise then mediation or litigation proceedings may occur where the court will decide on any outstanding issues related to property division, child custody and support payments among others.

Effect of irretrievable breakdown of marriage on property division and alimony

Here’s what you need to know about property division and alimony in Missouri:

Property Division: In Missouri, marital property is subject to equitable distribution which means that it is divided fairly but not necessarily equally between both parties. The court considers various factors such as each spouse’s contribution to acquiring the assets, their earning capacity and financial resources when deciding on how to divide the property.
Alimony/Spousal Maintenance: When determining whether spousal maintenance or alimony should be awarded in a no-fault divorce case based on irretrievable breakdown of marriage, the court considers several factors including:
- The duration of marriage
- The age, physical and emotional condition of each party
- The standard of living established during the marriage
- The earning capacity of each spouse
- The time needed for one spouse to acquire education/training necessary for employment opportunities

In conclusion, understanding these laws can help you make informed decisions while going through a divorce process in Missouri. It’s also important that you speak with an experienced family law attorney who can provide guidance tailored to your specific situation.

Conclusion

In conclusion, filing for divorce in Missouri can be a complex process with many factors to consider. It’s important to understand the grounds for divorce, overview of Missouri divorce laws and requirements before you file.

Consider hiring an attorney who is familiar with family law in Missouri. They can guide you through the process and ensure that your rights are protected throughout.
Try to work out issues such as property division, child custody and support amicably without going to court. Mediation or collaborative divorce may be options worth considering if both parties are willing.
Take care of yourself emotionally during this time by seeking support from friends or family members, seeing a therapist or joining a support group. Divorce can be stressful but it doesn’t have to be traumatic if handled properly.

Summary of grounds for divorce in Missouri

In summary, Missouri offers both fault-based and no-fault divorce options. Some of the common grounds for fault-based divorce in Missouri include adultery, abandonment and cruelty or abuse. On the other hand, a no-fault divorce can be based on irreconcilable differences with no reasonable prospect of reconciliation.

It’s important to note that filing for a divorce in Missouri requires meeting specific requirements such as residency requirements and following state laws regarding property division, child custody and support, spousal maintenance among others.

If you are considering filing for a divorce in Missouri:

Familiarize yourself with the different types of divorces available
Consult an experienced family law attorney who can guide you through the process
Gather all relevant financial documents such as tax returns, bank statements etc. to help with property division negotiations

Remember that every situation is unique so it’s important to work closely with your legal team to come up with a customized plan tailored to your specific circumstances.

Choosing the right grounds for divorce

In summary, choosing the right grounds for divorce depends on various factors including availability of proof/evidence supporting your claims, potential impact on child custody/support arrangements and emotional considerations. It’s important to consult with a legal professional who can guide you through this decision-making process and help ensure that your rights are protected during every step of your Missouri divorce proceedings.

Importance of consulting with a divorce attorney.

Divorce proceedings can be complex and challenging without adequate legal representation. Hiring a knowledgeable divorce attorney is essential to ensure that your rights are safeguarded during every step of the process.

FAQ on ‘Divorce Law: Grounds for Divorce in Missouri’

What is considered adultery in Missouri?

Adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse.

What constitutes abandonment in Missouri?

In Missouri, abandonment occurs when one spouse has left the other for at least six continuous months without a good reason or without the consent of the other spouse.

What is considered cruel and abusive treatment in Missouri?

Cruel and abusive treatment includes physical violence or threats of violence, emotional abuse, excessive use of drugs or alcohol that makes it impossible to live with the other spouse, and any behavior that endangers the life or health of the other spouse.

What happens if both spouses agree to a divorce based on irreconcilable differences?

If both spouses agree to a divorce based on irreconcilable differences, they can file for a no-fault divorce. This means they do not have to prove any wrongdoing by either party, but simply state that their marriage cannot be saved.