Myth or Fact?…About Missouri Divorce

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Myth or Fact?…About Missouri Divorce

woman with question mark1) It takes at least a month to get divorce.

Fact.  Missouri has a 30 day waiting period after a divorce case has been filed before the case can be finalized. This includes parties that have already reached settlement or that have an uncontested divorce.

2) A spouse can deny the other spouse a divorce.

Myth. Unfortunately, even if one spouse does not want to get divorces, the divorce is going to be pushed through.  In Missouri, the petitioning spouse must only show that the marriage is irretrievably broken to be granted the divorce. This is generally not a hard burden to meet as the petitioning spouse filing the divorce in the first place is a pretty clear sign that the marriage is broken.

3) Missouri is a no-fault divorce state.

Fact.  Missouri is in fact a no-fault state which means you do not need to prove misconduct to be granted a divorce. As mentioned in the prior question, the only thing you will need to prove is that the marriage is irretrievably broken and cannot be preserved. However, issues such as misconduct may still be important to other aspects of the case, such as property division, alimony and child custody.

4) Marital property is split 50/50 in a Missouri divorce.

Myth.  Missouri is an equitable division state, which means judges just have to divide property in a manner that they believe to be fair, not necessarily equal. While many judges use 50/50 as a starting point to consider the marital property, they can be swayed in one direction or the other based on a number of factors, including misconduct and one spouse’s ability to support themselves after the divorce.

5) I can relocate my kids without Court approval if moving within Missouri.

Myth and Fact.  In Missouri, if you are relocating the primary residence of your children after a custody order has been put in place, you must give notice to the other parent. If the other parent objects to the Court within 30 days then you must get Court approval. If they do not object in time, then you can move without Court approval.  Notice is required whether moving in state or out of state.

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