On behalf of Stange Law Firm, PC posted in Family Law on Friday, October 30, 2015.
If your spouse filed for divorce against your wishes, you still have options. Missouri is a no-fault divorce state. This means that a spouse does not have to prove some fault or misconduct on the part of the other spouse in order get a divorce. Rather, a court need only find that a marriage was irretrievably broken in order to grant a divorce. However, you can challenge whether the marriage is indeed over.
There are certain legal requirements that must be met for a couple to get divorced in the state of Missouri. One requirement is that the marriage be irretrievably broken. If both spouses agree to this or if one spouse asserts this and the other does not deny it, the court can make this finding and grant the divorce, provided that the other requirements are met.
There are certain legal requirements that must be met for a couple to get divorced in the state of Missouri. One requirement is that the marriage be irretrievably broken. If either spouses agree to this or if one spouse asserts this and the other does not deny it, the court can make this finding and grant the divorce, provided that the other requirements are met.
Under Missouri law, you have the right to contest whether the marriage is irretrievably broken. Once this issue is raised, the court may schedule a hearing to resolve the dispute. Both spouses can then provide their arguments to the court.
In order to prove that the marriage is irretrievably broken, your spouse must present evidence about one of the following:
- That you committed adultery and your spouse can no longer tolerate living with you;
- That you behaved in such a way that it is not reasonable to expect your spouse to live with you;
- That you abandoned your spouse for a continued time period of at least six months prior to filing the petition for dissolution of marriage;
- That you and your spouse agreed to separate and live apart for a continued time period of at least 12 months immediately prior to filing the petition; and/or
- That you and your spouse lived separately and apart for a continued time period of at least 24 months prior to filing the petition
After weighing the evidence from both parties, the court will make a decision about whether the marriage is irretrievably broken. If the court believes that the marriage still has a chance, the court can continue the proceeding and order the two of you to attend counseling. Although this is unlikely, it is not impossible. To get help with your divorce case, speak with an experienced family law attorney.
