Fault vs. No-Fault Divorce in Missouri: What You Need to Know

When considering divorce in Missouri, one of the first legal concepts that comes into play is whether the divorce is based on fault or no-fault grounds. Understanding the difference between the two is essential for anyone navigating the family court system in the state.

Missouri Is a No-Fault Divorce State

Missouri is legally categorized as a no-fault divorce state. This means that neither spouse is required to prove wrongdoing (such as adultery, abuse, or abandonment) in order to obtain a divorce. The only legal requirement is to demonstrate that the marriage is “irretrievably broken”, meaning there is no reasonable likelihood that the marriage can be preserved.

When Fault Still Matters

Even though Missouri allows for no-fault divorce, fault can still play a role in certain aspects of the proceedings. The behavior of the parties during the marriage can influence asset and debt distributions and custodial arrangements for children. These “fault-based” grounds may include:

• Adultery
• Abandonment for six months or more
• Abuse or cruel treatment
• Substance abuse
• Separation without consent for over one year
  

How Fault Impacts Divorce Outcomes

While proving fault is not required to dissolve the marriage, “fault” may influence the court’s decisions on key issues, including:

• Division of Property: Missouri follows the principle of equitable distribution. While the court starts with the assumption that marital property should be divided fairly (though not necessarily equally), evidence of fault—like hiding assets or excessive spending due to addiction—can impact the final division.
• Spousal Maintenance (Alimony): A spouse’s misconduct, especially if it financially harmed the other, might be considered when awarding or denying maintenance.
• Child Custody: The court's primary focus is the best interests of the child, but evidence of abuse, neglect, or addiction could significantly influence custody and visitation decisions.



However, it is important to note that except in the case of abuse, even if “fault” can be proven, it will likely make little to no difference in the mind of the judge when determining custody, financial distributions, etc. It’s sometimes looked at as a “thumb on the scales” difference in the outcomes. 

Key Takeaway

While you don’t need to prove fault to get divorced in Missouri, certain types of “fault” can still be an important factor in how the court handles the financial and custodial aspects of your case. If you’re considering divorce, it’s wise to consult with a family law attorney to understand how the specifics of your situation may affect the outcome.

Need Legal Guidance?

If you're thinking about filing for divorce or have questions about how fault may affect your case, Daniel Finder, founder of Finder Law, LLC should be your first call.

Contact us today for a consultation and take the first step toward a clear legal path forward. With over 10 years of experience in family law matters, Finder Law provides excellent legal services that are tailored to your unique situation and goals.