Divorce Laws in Missouri
Missouri is generally considered to be a no-fault state, meaning a person in a divorce case does not need to allege or prove fault against the other person to get a Missouri divorce, or any other state considered to be no-fault. However, the issue of fault may be raised for one of several reasons during the divorce proceedings. Fault can be raised for issues such as the custody of the children, maintenance, and the division of assets. Alleging, and proving, fault in any of these categories may make a difference in the ultimate resolution of these issues.
A person who files for a Missouri divorce does not need to get the consent or agreement of the other spouse in order to file for the divorce. It may come as a surprise to the person who is served that the marriage may be coming to an end. However, if the other party believes that the marriage is not broken, and opposes the divorce, the other spouse must be able to present some evidence to convince a judge that the marriage is, in fact, irretrievably broken.
While Missouri divorce laws are the same throughout the state, the way they are applied in any particular county may vary. Therefore, it’s a real benefit if you hire a divorce attorney who practices frequently in the Missouri county where your divorce will be pending.