Getting a No-Fault Divorce in Missouri

For many years divorce was predicated on the misdeeds of one spouse.  That’s right, even in a divorce that both people wanted, there had to be a legal cause listed, disparaging one of the partners. Various states accepted issues such as cheating, mental or physical cruelty, drinking or drugs, desertion, or criminal charges as a reason for divorce. Happily, all of that mudslinging and blame can be left in the past, because Missouri is a no-fault divorce state. If your marriage ending is the result of simply growing apart, for example, Missouri law is on board with the split. Nowadays, either spouse may file for divorce without coming up with anything more than the wish to move on without a spouse. There needn’t be any allegations of misdeeds by the other person, and, once approved, there’s no waiting period. The only thing you need to say if you want to split up is that the marriage is irretrievably broken—nothing can be done to save it.

What if Your Spouse Disagrees? 

What if your spouse has promised to do whatever you want if you’ll just reconsider? They’ve promised to change, promised to go to counseling, pleaded with you, fretted about how it will affect the kids—the list goes on and on. Nonetheless, you want out. While it may be a little more complicated (and a little grittier) you absolutely can still get the divorce.  You’ll just have to demonstrate how and why the union is irretrievably broken to the satisfaction of the court (452.320): 

• Demonstrate that you simply cannot live with your spouse after they cheated on you;
• Establish that your spouse has behaviors that simply cannot be tolerated by any reasonable person;
• Show that your partner abandoned you for six months or more and now wants to go back to the good old days, but you’re not game;
• Prove that the two of you have lived separately for a year or more by mutual consent or for 24 months against one person’s wishes, and you just want to make it legal.

Hearings will be held to determine the validity of your claims that the marriage really cannot be saved. A judge may immediately rule in your favor, may take some time to weigh the information presented, or may even suggest (not require) counseling. In any case, once the court is convinced that there really is no chance of rehabilitating the marriage, the dissolution may occur.

Let Us Help 

The experienced Springfield family law attorneys at Courtney & Mills have encountered situations of all kinds over the years, and we are prepared to address the issues in your divorce head-on.  To discuss, schedule a confidential consultation in our Springfield office today.