What Are the Legal Grounds for Divorce in Missouri?
In Missouri, divorce law provides specific legal grounds that individuals can cite as the basis for their divorce filing. Understanding these grounds is essential for anyone considering ending their marriage in the Show-Me State. The grounds for divorce in Missouri can be categorized into no-fault and fault-based reasons.
No-Fault Grounds
The most common legal ground for divorce in Missouri is based on the no-fault approach. Under Section 452.320 of the Revised Statutes of Missouri, either spouse can file for divorce on the grounds that the marriage is irretrievably broken. This means that the couple has experienced a breakdown in their relationship, and reconciliation is unlikely.
To proceed with a no-fault divorce, one spouse must simply affirm that the marriage has ended, allowing for a more amicable separation process. Missouri does not require a couple to prove wrongdoing on the part of either spouse in no-fault divorce cases, making it a smoother and less contentious option for many.
Fault-Based Grounds
While no-fault grounds are predominant, Missouri law does acknowledge fault-based grounds for divorce. These include:
- Adultery: When one spouse engages in sexual relations with someone outside the marriage.
- Abandonment: When one spouse leaves the marital home without consent and without a reasonable excuse for a continuous period of at least six months.
- Habitual Drunkenness or Drug Use: Demonstrating a consistent pattern of substance abuse that affects the marriage.
- Extreme Cruelty: This refers to abusive behavior, which may be physical or mental, that endangers the health and well-being of the other spouse.
- Felony Conviction: When one spouse is convicted of a felony and sentenced to imprisonment for a period of two years or more.
- Separation: If the couple has lived apart for at least 12 months, and there is no chance of reconciliation, it can serve as a fault ground.
The Divorce Process
To initiate the divorce proceedings in Missouri, one spouse must file a petition for dissolution of marriage in the appropriate circuit court. If the divorce is contested and grounds are based on fault, the spouse seeking the divorce may need to present evidence supporting the claims made.
On the other hand, with no-fault claims, a verification of the irretrievable breakdown is generally adequate. It is advisable for anyone considering divorce to consult with a family law attorney who can provide guidance tailored to their specific situation and assist in navigating the legal landscape.
Conclusion
Understanding the legal grounds for divorce in Missouri is critical for anyone contemplating this significant life change. With both no-fault and fault-based grounds available, it’s essential to examine the individual circumstances surrounding the marriage. By educating themselves on these options, individuals can better prepare for the divorce process and work toward a fair resolution.