For the Missouri family courts to hear a divorce case, a family must have qualifying circumstances. The spouse petitioning the courts can choose between pursuing a no-fault divorce and a fault-based filing in cases where there is evidence of qualifying legal grounds.
Those preparing for an upcoming divorce need to understand what the law requires to choose the option that best meets their needs. What are the current grounds for a divorce in Missouri?
No-fault divorce
To pursue a no-fault divorce, the spouse petitioning the courts only needs to claim that the marriage has undergone an irretrievable breakdown and that there is no way to salvage the marital relationship. Provided that the other spouse agrees with that claim, the divorce can move forward without any actual proof of fault. If the responding spouse asserts that the marriage is not past salvaging, then proof of qualifying grounds may be necessary to divorce without their consent.
Fault-based divorces
Missouri recognizes multiple different types of fault-based divorce. The spouse petitioning the courts generally needs supporting evidence of qualifying circumstances. The grounds that Missouri currently acknowledges for fault-based divorces include:
- Adultery
- Abandonment lasting six months or longer
- Intolerable behavior, including abusive conduct and substance abuse
- Mutual separation lasting a year or longer
- A one-sided separation lasting 24 months or longer
Spouses must have valid evidence of qualifying grounds to pursue a fault-based divorce.
People concerned about gathering evidence or overcoming spousal objections during divorce proceedings may need help preparing in advance. Discussing marital circumstances with a family law attorney can help spouses choose the most appropriate grounds for their filing and help to better ensure that they have the documentation or spousal support necessary to proceed with a divorce after an initial filing.