Divorces in Missouri are granted on a “no-fault” basis.
In order for a Missouri family court to grant a divorce, it must find that the marriage is “irretrievably broken” with “no reasonable likelihood that the marriage can be preserved.” This standard usually can be met by the petitioner (the person who initiates the divorce by filing a petition) making this assertion in the petition for the divorce.
Until 1969, courts in every state required a divorce petitioner to prove some element of fault, such as cruelty, insanity, abandonment, or adultery.
In 1974, Missouri was one of the first states to adopt no-fault divorce. By 2010, all 50 states had enacted some form of no-fault divorce statute.
Here is the essence of “no-fault” divorce in Missouri: courts grant divorces without showing wrongdoing on the part of either party.
However, this does not mean that marital misconduct (e.g., abuse, extramarital affairs, wrongful expenditures or financial irresponsibility, etc.) has no bearing on divorce cases. While proof of “fault” is not necessary to obtain a divorce judgment, marital misconduct remains an important factor that courts consider with regard to several issues that commonly arise in divorce cases. These issues include child custody, spousal maintenance (alimony), and division of property. In addition, misconduct by one party during the divorce proceeding itself commonly leads to the court forcing that party to pay a portion of the other party’s attorneys’ fees.
While Missouri is a no-fault state regarding the granting of a divorce, wrongdoing does play into the final divorce settlement. It is important that you advise your attorney of any misconduct that occurred during your marriage, and continue to keep your attorney apprised of any misconduct that occurs after the divorce proceedings begin.
Posted by Attorney Christopher D. Vanderbeek. Vanderbeek represents individuals in domestic litigation matters such as divorces, child custody, and divorce modifications. He is also involved in the evaluation and defense of workers’ compensation and other insurance claims, protecting the interests of employers and insurers.