When a marriage reaches a breaking point, understanding the legal reasons for divorce becomes essential. Missouri divorce causes have evolved significantly over the years, and knowing how the system works helps you navigate this difficult process with confidence. Whether you're considering divorce or already in the process, this guide explains everything you need to know about grounds for divorce in Missouri.
What Are Grounds for Divorce?
Grounds for divorce are the legal reasons that allow a court to dissolve your marriage. These grounds establish the foundation for why the marriage should end. Different states have different rules about what qualifies as valid grounds for divorce, and Missouri has its own specific approach.
Understanding Missouri divorce causes matters because they affect how quickly your divorce proceeds, what evidence you need to provide, and potentially how the court divides property and handles custody. While some states require you to prove your spouse did something wrong, Missouri has simplified the process considerably.
Missouri's No-Fault Divorce System
Missouri operates as a no-fault divorce state. This means you don't need to prove that your spouse did anything wrong to get divorced. You don't have to show evidence of adultery, cruelty, or other misconduct. Instead, Missouri law allows divorce when the marriage is "irretrievably broken with no reasonable likelihood that the marriage can be preserved."
This approach makes Missouri divorce cases much simpler than in states that require fault-based grounds. When you file for divorce in Missouri, you simply need to state that the marriage is irretrievably broken. The court accepts this statement without requiring you to prove wrongdoing or assign blame.
The no-fault system offers several advantages. It typically makes the divorce process faster because you're not fighting over who caused the marriage to fail. It often costs less because you don't need extensive evidence gathering or witness testimony about marital misconduct. The process also tends to be less emotionally draining since you're not publicly airing every problem in your marriage.
The phrase "irretrievably broken" is the key ground for divorce in Missouri. This legal term means the marriage has broken down so completely that there's no reasonable chance of fixing it. The relationship has deteriorated beyond repair, and continuing the marriage isn't possible or desirable.
You don't need to explain exactly what went wrong or prove specific incidents of misconduct. You simply need to state that the marriage is irretrievably broken. The court generally accepts this claim at face value. If both spouses agree the marriage is over, the process moves forward smoothly.
Even if one spouse disagrees that the marriage is irretrievably broken, the divorce can still proceed. If you testify that the marriage cannot be saved and your spouse contests this, the court may continue the case for a short period. However, if you maintain your position that reconciliation is impossible, the court will eventually grant the divorce.
History of Fault-Based Divorce in Missouri
Understanding where Missouri's system came from helps explain why it works this way today. Historically, Missouri and most other states required fault-based grounds for divorce. People seeking divorce had to prove their spouse committed specific acts of misconduct.
Traditional fault grounds included adultery, abandonment, cruelty, habitual drunkenness, and other serious problems. The spouse seeking divorce had to present evidence proving these allegations. This requirement made divorce proceedings lengthy, expensive, and often bitter as couples fought over who was to blame.
Missouri moved away from this system, recognizing that requiring fault findings didn't serve families well. The fault-based approach often prolonged conflict, increased costs, and made divorce unnecessarily contentious. By adopting a no-fault system, Missouri divorce causes became simpler and more focused on moving families forward rather than dwelling on past problems.
Common Reasons Couples Cite for Divorce
While Missouri law doesn't require you to prove fault, couples obviously divorce for real reasons.
Communication Breakdown
When couples can't effectively communicate about problems, needs, or feelings, the relationship deteriorates. Constant misunderstandings, arguments, or complete silence creates distance that becomes impossible to bridge.
Financial Disagreements
Money problems cause significant marital stress. Conflicts about spending habits, debt, financial goals, or one spouse hiding money create trust issues and ongoing tension.
Infidelity
Adultery remains one of the most common reasons marriages end. Betrayal of trust through emotional or physical affairs damages relationships, often beyond repair.
Growing Apart
Sometimes couples simply develop different interests, values, or life goals over time. What initially brought them together no longer provides a connection, and they realize they've become incompatible.
Substance Abuse
Alcohol or drug problems affect the entire family. The addiction, related behaviors, and broken promises destroy trust and make maintaining a healthy relationship impossible.
Domestic Violence
Physical, emotional, or psychological abuse creates unsafe environments. Victims often seek divorce to protect themselves and their children from continued harm.
Lack of Intimacy
When emotional or physical intimacy disappears from a marriage, couples feel more like roommates than partners. This disconnection often signals deeper problems.
How Missouri's System Differs from Other States
Not all states handle divorce the same way. Understanding Missouri's approach compared to other states helps you appreciate the system's benefits.
Some states still maintain fault-based divorce systems or offer both fault and no-fault options. In these states, grounds for divorce might include adultery, abandonment, cruelty, imprisonment, or other specific acts. Spouses must prove these grounds with evidence and witness testimony.
Other states require separation periods before granting a divorce. Couples must live apart for months or even years before they can file for divorce. Missouri doesn't impose these waiting periods, allowing couples to move forward more quickly.
Missouri's purely no-fault approach means you never have to prove wrongdoing to get divorced. This streamlined system acknowledges that marriages end for various reasons and that forcing people to remain married serves no one's interests.
When Fault Still Matters in Missouri
Although Missouri divorce causes don't require proving fault, evidence of spousal misconduct can still affect certain aspects of your case. The court may consider behavior when deciding issues beyond just granting the divorce itself.
Child Custody Decisions
The court's primary concern in custody cases is the child's best interests. Evidence of domestic violence, substance abuse, or criminal behavior affects custody determinations. If one parent engaged in abuse or created unsafe conditions, the court considers this when deciding custody and visitation arrangements.
Spousal Support
When determining whether to award maintenance (alimony) and for how long, courts consider various factors. While fault isn't required to get divorced, evidence of financial irresponsibility, adultery, or other misconduct may influence spousal support decisions.
Property Division
Missouri uses equitable distribution, meaning courts divide marital property fairly but not necessarily equally. If one spouse wasted marital assets, engaged in financial fraud, or deliberately damaged the marital estate, this behavior may affect how property gets divided.
Parenting Decisions
Evidence of poor judgment, dangerous behavior, or harmful conduct can influence decisions about parenting time and decision-making authority.
The Process of Filing for Divorce in Missouri
First, you or your spouse must meet Missouri's residency requirement. At least one spouse must have lived in Missouri for 90 days before filing. This ensures Missouri courts have proper jurisdiction over your case.
Next, you file a Petition for Dissolution of Marriage with the circuit court in the county where you or your spouse lives. This petition states that your marriage is irretrievably broken and requests that the court grant a divorce.
Your spouse receives notice of the divorce filing through legal service of process. They then have 30 days to file a response. If they don't respond, the court may grant a default judgment. If they do respond, the divorce proceedings continue.
Missouri law requires a 30-day waiting period from when the petition is filed until the court can grant the divorce. This cooling-off period gives couples time to consider reconciliation or work out settlement agreements.
During this time, you and your spouse address issues like property division, debt allocation, child custody, child support, and spousal support. If you agree on these matters, you can present an agreed settlement to the court. If you can't agree, the court holds hearings and makes decisions for you.
Contested vs. Uncontested Divorce
Missouri divorce causes work the same whether your divorce is contested or uncontested, but the process differs significantly.
Uncontested Divorce
When both spouses agree that the marriage is over and have resolved all issues regarding property, custody, and support, the divorce is uncontested. These cases typically proceed quickly and cost less because there's no need for extensive court hearings. You submit your agreement to the court, and if the judge finds it fair and proper, the divorce is granted.
Contested Divorce
When spouses disagree about divorce-related issues, the case becomes contested. You still don't need to prove fault for the divorce itself, but you may need evidence and testimony regarding custody, property division, or support. Contested divorces take longer, cost more, and involve more court appearances.
Even in contested cases, many issues get resolved through negotiation or mediation. Only issues where agreement proves impossible go before a judge for a decision.
Protecting Your Interests During Divorce
Regardless of the Missouri divorce causes in your specific situation, protecting your interests throughout the process remains crucial.
Document Everything
Keep records of financial accounts, assets, debts, income, and expenses. Document any concerning behavior by your spouse that might affect custody or support decisions. Good documentation provides evidence if disputes arise.
Avoid Social Media Mistakes
What you post online can be used against you in divorce proceedings. Avoid posting about your case, your spouse, new relationships, or activities that might reflect poorly on you. Assume anything you put online will be seen by your spouse's attorney.
Don't Hide Assets
Attempting to conceal money, property, or other assets is illegal and will backfire. Courts take dishonesty seriously and may penalize spouses who try to hide assets.
Focus on Children's Needs
If you have children, keep their best interests central to all decisions. Avoid speaking negatively about your spouse to the children. Maintain stability and normalcy in their lives as much as possible.
Get Professional Help
Divorce involves complex legal, financial, and emotional issues. Working with an experienced family law attorney ensures your rights are protected and you understand all your options.
Legal Separation vs. Divorce in Missouri
Missouri offers legal separation as an alternative to divorce. While this doesn't fall under Missouri divorce causes since the marriage isn't dissolved, understanding this option provides context.
Legal separation addresses the same issues as divorce—property division, custody, support, but leaves the marriage legally intact. Couples remain married but live apart under court-ordered terms.
Some couples choose legal separation for religious reasons, to maintain health insurance benefits, or because they're unsure about divorce. The grounds for legal separation are the same as divorce: the marriage is irretrievably broken.
Legal separation can later convert to divorce. If you obtain a legal separation and later decide to divorce, you can file a motion to modify the legal separation decree to a divorce decree.
Special Circumstances in Missouri Divorces
Certain situations add complexity to Missouri divorce cases and proceedings.
Military Divorces
When one or both spouses serve in the military, additional federal laws apply. The Servicemembers Civil Relief Act provides protections for active-duty military members, potentially delaying divorce proceedings. Military pensions and benefits also require special handling during property division.
High-Asset Divorces
Cases involving substantial assets, complex investments, business ownership, or significant wealth require detailed valuation and division strategies. These cases often need financial experts and forensic accountants.
Same-Sex Divorces
Missouri handles same-sex divorces identically to different-sex divorces. All laws regarding grounds, property division, custody, and support apply equally regardless of the spouses' genders.
International Aspects
When spouses are from different countries, own property abroad, or have children with dual citizenship, international law issues may arise. These cases can involve questions about which country's courts have jurisdiction and how to enforce orders internationally.
Annulment vs. Divorce
While this article focuses on Missouri divorce causes, understanding annulment provides important context. Annulment declares that a valid marriage never existed, while divorce ends a valid marriage.
Missouri allows annulment only in specific circumstances:
- One spouse was already married (bigamy)
- The parties are closely related by blood
- One spouse lacked mental capacity to consent to marriage
- The marriage was obtained through force or fraud
- One spouse was under the legal age for marriage without proper consent
Annulments are relatively rare because these specific grounds must be proven. Most couples who want to end their marriage use divorce rather than annulment.
The Role of Mediation
Many Missouri divorce cases benefit from mediation. A neutral third party helps couples negotiate and reach agreements on contested issues.
Mediation often resolves disputes more quickly and inexpensively than court hearings. It gives couples more control over outcomes rather than having a judge decide. The process is confidential and typically less adversarial than courtroom battles.
Some Missouri courts require mediation before allowing certain custody disputes to proceed to trial. Even when not required, mediation frequently helps resolve property division, support, and other issues.
How Long Does Divorce Take in Missouri?
The timeline for divorce in Missouri varies based on your circumstances. The mandatory 30-day waiting period represents the minimum time from filing to final divorce. However, most divorces take longer.
Uncontested divorces with no children and simple assets might finalize in 60-90 days. Cases with children or more complex issues typically take several months. Highly contested divorces involving custody battles, complex property division, or other major disputes can take a year or longer.
The more issues you and your spouse can resolve through negotiation, the faster your divorce will proceed. Court calendars, the need for discovery and evidence gathering, and the complexity of your case all affect timing.