Missouri divorce law · RSMo 452.305 and 452.320
Grounds for Divorce in Missouri, What the Law Actually Requires
Missouri has one ground for divorce. The marriage must be irretrievably broken, meaning there is no reasonable likelihood it can be preserved. You do not have to prove adultery, cruelty or any other fault, unless your spouse denies under oath that the marriage is broken.
Understanding Missouri divorce laws also means knowing where conduct still matters, which is in custody, maintenance and property. This page covers the ground itself, what happens when a spouse contests it, and how the facts of the marriage shape the rest of the case.
What Are the Grounds for Divorce in Missouri?
The grounds for divorce in Missouri are set by Chapter 452. A court enters a judgment of dissolution when one spouse has lived in Missouri for 90 days before filing, at least 30 days have passed since the petition was filed, and the court finds the marriage is irretrievably broken (RSMo 452.305). How the court reaches that finding depends on whether the other spouse agrees (RSMo 452.320).
Missouri’s No-Fault Divorce System
Both spouses state under oath that the marriage is irretrievably broken, or one does and the other does not deny it. The court holds a hearing and enters the judgment. No fault is proved. This is how most Missouri divorces go.
The court considers all relevant factors, including the prospect of reconciliation, and the spouse who filed must prove at least one of five facts.
The other spouse committed adultery and the filing spouse finds it intolerable to live with them.
The other spouse behaved so that the filing spouse cannot reasonably be expected to live with them.
Abandonment for a continuous period of at least six months before the petition.
Living separate and apart by mutual consent for twelve continuous months before filing.
Living separate and apart for at least twenty-four continuous months before filing.
Instead of ruling right away, the court can also continue the case for 30 days to six months and suggest counseling. It cannot require counseling as a condition of the divorce. In practice, a spouse who refuses to agree can slow a divorce down but rarely stop it.
Why Fault Can Still Matter
Fault does not decide whether you get divorced, but conduct during the marriage is still evidence. The conduct of the spouses is one of the factors in dividing marital property (RSMo 452.330), the conduct of the spouse seeking maintenance is a maintenance factor, and abuse weighs heavily in custody. Domestic violence, hiding or wasting marital money and substance abuse are the kinds of conduct that move outcomes.
Is Verbal Abuse Grounds for Divorce in Missouri?
Missouri does not have a separate ground for verbal abuse, because Missouri has only one ground for divorce, which is that the marriage is irretrievably broken. If your spouse agrees the marriage is over, you do not have to prove anything about their conduct.
Where verbal abuse becomes legally relevant is when a spouse denies the marriage is irretrievably broken. At that point RSMo 452.320 asks the filing spouse to prove one of five things, and the one that fits is that the other spouse has behaved in such a way that the filing spouse cannot reasonably be expected to live with them. Sustained verbal abuse is the kind of behavior that provision is written for, and it does not require any physical incident.
Verbal abuse can also matter for custody and parenting time, and if it escalates it can support an order of protection. See our domestic violence page, and raise it with your attorney early rather than at trial.
How It Differs from Fault-Based Divorce
In fault-based systems, the filing spouse has to prove misconduct such as adultery, abandonment, cruelty or substance abuse before a divorce is granted, which means more evidence, more witnesses and more contested litigation. Missouri only asks for that kind of proof when a spouse denies the marriage is broken. For more on the no-fault side, see is Missouri a no-fault divorce state.
Nobody should file for divorce without knowing what happens if their spouse contests it.
That is why Bardol Law Firm handles family law and nothing else. We spend every day in these courts, and we explain things in plain English. So we built a one-hour strategy session with you, an experienced attorney and your actual case, with clear next steps by the end.
$300 · One full hour with an attorney · No obligation to retain our firm
Less Common Grounds and Related Issues
Some marriages do not need a divorce because the law treats them as invalid from the start. Those cases are handled as an annulment, a declaration that the marriage is invalid, and the bar is high.
Bigamy
A marriage while either spouse was still married to someone else is void.
Marriage Between Close Relatives
Marriages between close blood relatives, including first cousins, are presumptively void (RSMo 451.020).
Mental Incapacity
A spouse who could not understand the marriage contract at the ceremony.
Fraud or Force
Fraud about something vital to the marriage itself, or a marriage forced by threats.
How Divorce Issues Can Shape the Outcome of Your Case
Because Missouri rarely fights over the ground itself, the real work of most divorces is everything else.
Parenting and Custody Arrangements
Custody is decided on the child’s best interests, including each parent’s involvement, the child’s adjustment to home and school, and any history of abuse (RSMo 452.375). See child custody.
Financial Stability After Divorce
Spousal support is available to a spouse who cannot meet reasonable needs from property and work (RSMo 452.335), along with temporary support and debt allocation.
Division of Marital Property
Marital property and debts are divided in just proportions, which means fairly, not always equally. Retirement accounts, real estate and business interests are the usual disputes.
Emotional and Practical Considerations
Most cases settle through negotiation or mediation, which usually costs less, takes less time and leaves you more control over the result.
Worried your spouse will fight the divorce? Find out what the court will need to hear.
Spend a full hour with an experienced Bardol Law Firm attorney going through your marriage, the facts that matter if the ground is contested, and how conduct could affect custody, support and property. It is personalized guidance you can use whether or not you hire us afterward.
$300 · One full hour with an attorney · No obligation to retain our firm
How the Missouri Divorce Process Works
Financial information is exchanged, and the court can set temporary custody and support.
Most issues settle here, often with a mediator’s help.
A judge decides what is left, no sooner than 30 days after filing.
For the full step by step, see how to file for divorce in Missouri.
Choosing the Right Divorce Attorney in Missouri
Cases with a contested ground, business ownership, substantial assets, contested custody or allegations of abuse need careful handling from the start. Bardol Law Firm practices family law and nothing else, across St. Louis City, St. Louis County, St. Charles County and Jefferson County. Your case is handled by one of our attorneys, Ann Vatterott Bruntrager, Denise N. Gabel, Mikayla Butler or Anna Palmer, with a named paralegal who knows your file. We generally return calls within one business day. Contact Bardol Law Firm to talk through your situation.
Not sure how this applies to your situation?
Bardol Law Firm handles family law and nothing else, in St. Louis County, St. Louis City, St. Charles County and Jefferson County. We generally return calls within one business day.
Frequently Asked Questions About Grounds for Divorce in Missouri
Can my spouse stop a divorce in Missouri by refusing to agree?
Usually not. A spouse who denies the marriage is broken forces the filing spouse to prove one of five facts, such as behavior that makes living together unreasonable or two years apart. That can slow the case, but it rarely prevents the divorce.
Do I have to be separated before filing for divorce in Missouri?
No. Separation periods only matter if your spouse denies the marriage is broken, and even then they are only two of five ways to prove it.
Does adultery affect a Missouri divorce?
It can, but usually less than people expect. Adultery is one of the five facts in a contested case, and conduct is a factor in dividing property and in maintenance. It rarely changes the outcome on its own.
How long do I have to live in Missouri to file for divorce?
90 days. One spouse must have lived in Missouri, or been stationed here in the military, for 90 days before the case is filed.
Can the court make us go to marriage counseling?
No. In a contested case the court can postpone a decision for 30 days to six months and suggest counseling, but Missouri law does not allow counseling to be required before a divorce.
This page provides general information about Missouri divorce law and is not legal advice. Every situation is different, and outcomes depend on the specific facts. Reading this page does not create an attorney-client relationship.
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