What Are the “Grounds for Divorce”?
What does the term “grounds for divorce” even mean? Basically, it means the reason, or the basis. It answers the question: what right do you have to ask for a divorce?
In days past, most states required some bad act, like adultery or cruelty, before one spouse could file for divorce. The requirement was well-intended, to preserve the sanctity of marriage, but it led to some pretty creative fabrications from spouses who just wanted a simple divorce without delay. Hence the “no-fault” divorce, where a spouse doesn’t have to state why they want a divorce. It simply doesn’t matter; they just have to want it. A few states still hold on to fault-based grounds.
Grounds for a Divorce in Missouri
Missouri took a middle ground. We’ve adopted a modified “no-fault” dissolution of marriage (“dissolution” is what we call divorce here), so it’s generally unnecessary to prove cruelty, adultery, and so on. The usual ground is to show the court that the marriage is irretrievably broken, and that there’s no reasonable likelihood it can be preserved. You’ll see this language in nearly every divorce petition filed in the state. It’s become stock language. “Irretrievably broken” is basically an advanced case of not getting along, and in Missouri, that’s your grounds for a divorce.
What If My Spouse Says the Marriage Isn’t Broken?
If both spouses agree the marriage is irretrievably broken, or one doesn’t contest it, that’s the end of the question. But if your spouse denies under oath that the marriage is irretrievably broken, Missouri law (RSMo 452.320) requires the court to find that it is if you show one of these:
- Your spouse committed adultery, and you find it intolerable to live with him or her
- Your spouse behaved in a way that you can’t reasonably be expected to live with
- Your spouse abandoned you for at least six months before you filed
- You’ve lived separate and apart by mutual consent for at least 12 months before filing
- You’ve lived separate and apart for at least 24 months before filing
Practical Consequences
So it would be incorrect to call Missouri a “no-fault” state, as some do, though practically speaking it’s pretty much true. In a few cases it may be appropriate to allege other grounds, but for most cases there’s simply no need, and quite frankly, it leads to unnecessary litigation. What you can’t skip is the allegation that the marriage is irretrievably broken. Without that language in your petition, the court will likely reject your request.
Navigating the nuances of divorce is an art form. Don’t try to stumble through what’s important alone. Discuss your grounds at your first appointment with your divorce lawyer, or call me at 636-486-1093.
Markwell Law, LLC
1600 Heritage Landing, Ste. 202B
St. Peters, MO 63303
Phone: 636-486-1093
Fax: 636-634-3462
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