Common Divorce Myths in Missouri

Divorce is an area of the law that is often clouded with myths. These misconceptions can cause a significant amount of stress if you are considering ending your marriage. While the facts and circumstances of every case are different, it’s important not to rely on friends and family for information — a skillful divorce attorney can best advise you regarding your specific facts and circumstances.

Here are seven common divorce myths debunked:

Myth #1: You Need to Show Marital Fault to Get Divorced

Missouri is a no-fault divorce state. This means that neither spouse needs to prove that the other is to blame for the marriage ending in order to obtain a divorce. A spouse seeking divorce must only demonstrate that the marriage is “irretrievably broken” and cannot be repaired. However, Missouri still recognizes several fault-based grounds for divorce, including adultery, abandonment, cruel and inhumane treatment, substance abuse, and criminal conviction. Although it isn’t necessary to show fault, these factors can sometimes be relevant when determining property division, alimony, child custody, and child support.

Myth #2: Property is Always Divided 50/50

A common divorce myth is that property is always divided 50/50 between spouses when a marriage ends. Under Missouri law, any property that is characterized as marital property is divided equitably — this usually, but doesn’t always necessarily mean equally. Rather, courts consider a variety of factors to determine an appropriate division. These factors can include the economic circumstances of both spouses, each spouse’s contribution to the acquisition of the marital property (in the case of marital and non-marital contributions), the custody arrangement, and the conduct of each spouse during the marriage.

Myth #3: Courts Favor the Mother in Custody Cases

Courts in Missouri do not favor a parent over the other in child custody matters simply based on gender. Judges make decisions in custody cases based on what is in the “best interests” of the child. In doing so, they would consider the preferences of both parents, the relationship each parent has with the child, the mental and physical health of all parties involved, the child’s adjustment to their home and school, and the child’s wishes if they are old enough. A court would also assess whether there is any history of abuse or neglect, each parent’s willingness to encourage a relationship between the child and the other parent, and any other factors deemed relevant.

Myth #4: You Need to Go to Court to Divorce

It is not always necessary to go to court to divorce. In fact, by using mediation or the collaborative divorce process, a couple may be able to avoid the court process entirely. Not only can these alternatives to litigation keep a divorce out of the courtroom, but they can also allow spouses to remain in control of the outcome of the case.

Myth #5: You Can’t Modify a Child Custody Agreement

It is untrue that a child custody agreement cannot be modified following divorce. After a custody arrangement has been put into place, it can be modified if there has been a substantial change in circumstances — and a modification would be in the best interests of the child. Parents can either reach a settlement out of court to change the order or let a judge decide the issue. For a modified custody agreement to be enforceable, it must be signed by a judge and a new order must be issued by the court.

Myth #6: Alimony is Determined Based on Gender

One of the biggest divorce myths is that alimony is only granted to the wife. A court does not consider the gender of the spouse when deciding whether alimony should be ordered. Instead, a judge would evaluate a variety of statutory factors. They would assess the financial resources and needs of each party, each spouse’s ability to support themselves, the length of the marriage, how property is divided, and other relevant factors.

Myth #7: Divorce is Always Expensive

One of the most common misconceptions about divorce is that it is always expensive. While going into litigation can be lengthy and costly, the divorce process doesn’t always have to be. Filing for an uncontested divorce can save the time and expense that are associated with litigation. If both spouses can reach an agreement concerning the issues that need to be decided through mediation or negotiation, the divorce case can be kept out of court — and money can be saved that would otherwise be spent on court costs, attorney fees, discovery, and trial.

Contact an Experienced Missouri Divorce Attorney

Divorce can be complex, and there are many misconceptions about the process. A knowledgeable attorney can help debunk the common divorce myths and advise you regarding your rights and options. Divorce and family law attorney Mark A. Wortman is dedicated to guiding his clients through the divorce process and protecting their legal and financial interests.

Mark represents clients in the greater Kansas City, Missouri area for divorce and a broad scope of family law matters. If you are facing divorce, schedule a confidential consultation to learn how attorney Mark A. Wortman can help. Contact Mark online or by calling (816) 523-6100.