Grounds for Divorce in Missouri

“Grounds for divorce” are the legal reasons for a divorce. A dissolution of marriage may be granted on the grounds that there remains no reasonable likelihood that the marriage can be preserved and that therefore the marriage is irretrievably broken. If the defendant denies that the marriage is irretrievably broken, the plaintiff must prove one or more of the following:

• • the respondent committed adultery and to continue the marriage would be intolerable;
• • the respondent has behaved in such a way that continuing the marriage would be intolerable;
• • the respondent abandoned the petitioner for at least six months prior to the filing of the petition;
• • that the parties have lived separate and apart by mutual consent for at least 12 months prior to filing;
• • that the parties have lived separate and apart for a continuous period of at least 24 months before filing.

Not before 30 days and not beyond six months, is the time allotted under the Revised Statute to decide the divorce proceedings. The parties may be ordered to undergo counselling sessions before passing of the final decree; however, this step is not prerequisite to obtain a divorce.

The spouses are also encouraged by the Court, to enter into a written dissolution agreement that will include provisions pertaining to custody, child support and visitation plan, division of property and maintenance or alimony to spouse. The terms agreed and approved in the agreement becomes enforceable on all parties and breaching any of the agreed terms of the agreement will lead to a punishment to the same extent as if any person is held for contempt of court in any other proceedings. The court also has the power to reject or ask for modification of any of the terms if it finds they are unjust or unscrupulous.

At the request of either party, the court can pass temporary orders in matters where any issue raised by the petition is being contested. If spouses agree to all issues then the court can proceed to towards trial.

The Court will include in its judgment the last four digits of social security numbers of all the parties involved and full security numbers of all parties including child shall be mentioned as required under section 509.520, RSMo.