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Missouri ditched strict fault-based divorce back in 1973 and currently considered a modified no-fault divorce state. This means you can end a marriage without proving a specific “wrongdoing” by your spouse. That said, the court can still factor in bad behavior when dividing property or awarding maintenance – because no-fault doesn’t mean actions magically stop mattering.
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Understanding the “Modified No-Fault” Standard
Missouri is technically a “no-fault” divorce state – meaning you only need to say the marriage is “irretrievably broken” to file. The “modified” part is the fine print – a judge can still consider misconduct when dividing property, debts, or awarding alimony. So yes, fault doesn’t stop the divorce – but it can still show up to help decide who pays for it.
In a “pure” no-fault state, assets are usually split 50/50, no questions asked. In Missouri, if one spouse cheats and drains marital money on a lover – called dissipation of assets – the court can tilt the split to 60/40 or even 70/30. So wasting joint savings on an affair isn’t a great financial strategy.
Filing Requirements
Before anyone starts assigning blame, Missouri wants to make sure you qualify to file at all.
- Cooling-Off Period: After filing, the law mandates a 30-day waiting period before a judge can finalize the divorce – because apparently everyone needs a month to really think this through.
- Residency: At least one spouse must have lived in Missouri (or been stationed here with the military) for 90 days before filing.
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The Difference Between No-Fault and Fault Facts
- No-Fault Route: You simply say the marriage is “irretrievably broken” – the legal magic words for “this isn’t getting fixed.” If both spouses agree, the court doesn’t ask for proof or drama. This is how almost everyone does it.
- Fault Still Matters (Sometimes): Missouri no longer requires fault to divorce, but fault-based facts can come into play if one spouse denies the breakup or if the court needs a reason to tweak the financial outcome. Because even in no-fault divorce, blame never fully retires.
What Happens if a Spouse Denies the Breakdown?
If one spouse denies under oath that the marriage is irretrievably broken, the person filing must prove the breakdown by meeting one of five specific legal grounds:
- Adultery: Your spouse cheated, and you’re not required to pretend that’s fine.
- Unreasonable Behavior: Their conduct makes living together unrealistic (think abuse or serious substance issues).
- Abandonment: They left and stayed gone for at least six months.
- Mutual Separation: You both agreed to live apart for 12 months.
- Unilateral Separation: You lived apart for 24 months – agreement optional.
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Why Mention “Fault” in a Missouri Divorce?
Even if you can get a no-fault divorce, your attorney may bring up misconduct for two main reasons:
- Division of Assets: If a spouse spent money on affairs, gambling, or drugs, the court can award the other spouse more property to make up for the “wasted” funds.
- Maintenance (Alimony): Marital misconduct is one of the factors judges are legally required to consider when deciding the amount and duration of spousal support.
- Note: While misconduct affects money, it rarely affects child custody in Missouri unless the “fault” (like drug abuse or violence) directly impacts the safety or well-being of the child.
2026 Legal Update: Pregnancy and Divorce
For years, Missouri judges liked to hit pause on divorces if one spouse was pregnant – apparently “judicial efficiency” meant waiting for the baby so paternity, custody, and support could all be sorted at once.
- The Change: As of August 28, 2026 (Missouri SB 1205 / SB 926), pregnancy can no longer block a divorce or legal separation.
- The Impact: Big news for anyone who felt stuck in a marriage just because of a pregnancy – judges can’t use it as an excuse to stall anymore. Finally, freedom isn’t on hold.
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The “Divorce Prep” Checklist
- Residency: Confirm one spouse has lived in MO for 90+ days.
- The “Magic Words”: Ensure your filing states the marriage is “irretrievably broken.” *
- Financial Snapshots: Gather 3 years of tax returns and 3 months of pay stubs (required for mandatory court disclosures).
- Property Inventory: List assets owned before the marriage. In Missouri, “no-fault” doesn’t mean “automatic 50/50.”
- Conduct Log: Note any “dissipation of assets” (money spent on affairs/gambling) to protect your share of the remaining property.
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