MISSOURI IS A NO-FAULT DIVORCE STATE

No-fault divorce in Missouri simply means that, in order to file for divorce, there is no requirement to prove that one of the spouses engaged in misconduct or otherwise caused the demise of the relationship.  In fact, the only true requirement for filing for divorce in Missouri is that one of the spouses resided in Missouri for a minimum of 90 days preceding the filing of the petition for dissolution (the divorce petition.)  Missouri also requires a cooling off period of 30 days.  This means at least 30 days must lapse between the filing of the divorce and the granting of a judgment of dissolution (divorce). 

 

The following statements are required to be included in any Missouri Petition for Dissolution:  1.) that the marriage is irretrievably broken; 2) that there is no reasonable likelihood that the marriage can be preserved.  If both spouses agree with this statement, the divorce can be resolved quickly, often within 2-3 months.  However, if the spouse who didn’t file for divorce does not agree with both of these statements regarding the marriage, then the divorce will likely take longer. 

 

Missouri courts use several elements when determining whether a marriage is irretrievably broken:

1. One of the parties has committed adultery and the other spouse therefore can tolerate co-residing with the cheating spouse. 

2. That one of the spouses has behaved in such a detrimental way the other spouse should not be expected to continue to reside with the offending spouse. 

3. That one of the spouses has physically abandoned the other for at least 6 months. 

4. That the parties have mutually agreed to live separate for over 1 year. 

 

If you are a man who wants a divorce in Missouri for any reason, please call us at the Men’s Center for Domestic Resolution to schedule a consultation at (816) 287-1530.  Attorney Robert "Rob Davis" has dedicated his legal career to helping men through divorce, child custody and other family law issues.  Mr. Davis is himself a single full-time father of 3 teen girls with full legal and full physical custody of his children.  He has personally been through several family law legal matters and he knows the extreme emotions associated with these proceedings.