No-Fault Divorce in Missouri: What You Need to Know

Going through the divorce process may be one of the most emotionally challenging periods of your life. However, pursuing a no-fault divorce can help reduce some of the stress associated with ending your marriage. With a no-fault divorce in Missouri, neither spouse has to prove that anyone was to blame for the marriage not working out. Instead, a spouse simply needs to allege that the marriage is irretrievably broken and cannot be repaired. A no-fault divorce can help keep many of the details surrounding the issues in your marriage private and offer a less adversarial approach to parting ways with your spouse.

Key Takeaways

• No-fault divorce can offer a faster, more cost-effective, and less adversarial approach to divorce.
• If the respondent spouse does not agree to a no-fault divorce, the petitioning spouse would be required to prove one of the grounds specified under Missouri law.
• Fault can still come into play in some cases and provide a spouse with a strategic advantage when it comes to property division, spousal support, or child custody.

What is a No-Fault Divorce?

A no-fault divorce allows spouses to end their marriage without having to prove any marital misconduct. Rather, a spouse simply needs to allege that the marriage is “irretrievably broken.” This means that the marriage is beyond repair and the spouses can no longer live together as husband and wife. Not to be confused with an uncontested divorce, in which spouses agree on all the issues that must be determined in order to legally part ways, no-fault divorce refers to the grounds for the dissolution. They do not necessarily have to agree on any of the other issues in the case.

Importantly, there are certain residency requirements that must be met to file for a no-fault divorce in Missouri. Either spouse must have been a resident of the state for at least 90 days before the petition for divorce was filed. Although there is no separation requirement that must be satisfied before filing for divorce, separation can be a way to demonstrate that the marriage has irretrievably broken down if the respondent spouse contests the divorce.

What Happens if a Spouse Does Not Agree to a No-Fault Divorce?

If both spouses agree that the marriage has irretrievably broken down, it is usually easy to obtain a divorce in Missouri. However, if the respondent spouse denies that the marriage has broken down, a court would look at all relevant facts to determine whether a divorce should be granted. These include, but are not limited to, the circumstances that gave rise to the spouse filing the petition and the prospect of reconciliation.

In situations where the respondent spouse denies that the marriage is irretrievably broken, Missouri law specifies that the petitioner must prove one of the following:

• The respondent committed adultery and the petitioner finds it intolerable to live with them
• The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with them
• The respondent has abandoned the petitioning spouse for a continuous period of six months or more before the petition was filed
• The spouses lived separately and apart by mutual consent for the 12 months before the petition was filed
• The spouses have lived separate and apart for a continuous period of at least 24 months immediately preceding the filing of the petition

A court may also adjourn the matter for another hearing within six months and suggest that the parties seek marriage counseling. However, marriage counseling is not required to be granted a divorce.

Is a No-Fault Divorce Right for Me?

In many cases, no-fault divorce can reduce conflict, lower costs, and allow couples to part ways more quickly. When spouses agree that the marriage has irretrievably broken down, it can eliminate drama and help ensure negotiations are productive and efficient. In addition, spouses would not need to worry about airing their “dirty laundry” in a public courtroom. No-fault divorce can also be better when children are involved since it can encourage a more amicable co-parenting relationship and minimize their exposure to parental conflict.

But while Missouri is a no-fault divorce state, fault grounds can still come into play. In fact, proving fault can sometimes provide a spouse with a strategic advantage when it comes to property division, spousal support, or child custody. Marital fault can include misconduct such as infidelity, abuse or domestic violence, substance abuse or addiction, gambling, or other intolerable behaviors; willful desertion; and conviction of certain criminal offenses. It’s best to discuss the facts and circumstances of your case with a knowledgeable divorce attorney who can determine the best strategy to pursue in your case.

Contact an Experienced Missouri Divorce Attorney

If you’re considering a no-fault divorce, it’s essential to have a skillful attorney who can guide you through the process. Divorce and family law attorney Mark A. Wortman is committed to providing his clients with reliable legal services and trusted counsel for clients facing divorce and family law matters in the greater Kansas City, Missouri area. To schedule a confidential consultation to learn how attorney Mark A. Wortman can help, contact Mark online or by calling (816) 523-6100.