There are wide-ranging misconceptions about “no-fault” divorce in the State of Missouri. A better understanding of what is involved can help you move forward with greater confidence and purpose. If you are facing a divorce, do not put off consulting with an experienced Missouri divorce attorney.
What Does No-Fault Divorce Mean?
“No-fault” divorce simply means that you do not need a reason to obtain a divorce. What must be told to the court is that the marriage is irretrievably broken and is not capable of being preserved. However, this does not mean that wrongdoing on the part of either spouse will not play a role in your divorce terms. The court has the discretion to take wrongdoing into account in all the following areas:
- The division of marital property
- Spousal maintenance (or alimony)
- Child custody arrangements (and potentially in the determination of child support)
- The award of attorney fees
In Missouri when the parties do not agree that the marriage is irretrievably broken and is not capable of being preserved the court must make one of the following findings:
- (a) That the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
- (b) That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
- (c) That the respondent has abandoned the petitioner for a continuous period of at least six months preceding the presentation of the petition;
- (d) That the parties to the marriage have lived separate and apart by mutual consent for a continuous period of twelve months immediately preceding the filing of the petition;
- (e) That the parties to the marriage have lived separate and apart for a continuous period of at least twenty-four months preceding the filing of the petition; or
Continue the matter for further hearing not less than thirty days or more than six months later, or as soon thereafter as the matter may be reached on the court’s calendar, and may suggest to the parties that they seek counseling.
It Is Time to Consult with an Experienced Missouri Divorce Attorney
The accomplished divorce attorneys at Aramjoo Law Firm – proudly serving the Kansas City area – have the experience, drive, and keen legal insight to skillfully advocate for divorce terms that fairly uphold your parental and financial rights. To learn more about how we can help you, please do not wait to contact or call us at 816-720-7750 today.
What kind of wrongdoing can play a role in my divorce terms?
Factors such as adultery, abandonment, and financial wrongdoing can all play a role.
Do I need an attorney for a “no-fault” divorce?
While there is no requirement that you have an attorney, even the most straightforward divorce can become very heated very quickly, and the best way to protect your parental and financial rights is with an attorney on your side.
Can I wait to consult with an attorney if an issue arises?
You can choose this wait-and-see approach, but the surest way to protect your best interest throughout the divorce process is by consulting with an experienced divorce attorney early on in the divorce process.