Divorce

Missouri is a modified no-fault divorce state. This means that the spouse seeking divorce does not have to prove misconduct on the part of the other spouse. Misconduct in the case of divorce is considered adultery or some sort of abandonment, such as financial. But in a no-fault divorce, the only thing that needs to be proven is that the marriage is broken and cannot be repaired. That is where the term "irreconcilable differences" comes from. Another way to phrase it is to state that the marriage is "irretrievably broken." If there is little to no chance that the marriage can be salvaged, it is likely a divorce will be granted.

If the two divorcing spouses cannot agree on how to divide their property in a settlement, the court will likely divide their property for them in a trial. Property will be divided fairly but not necessarily equally. Factors of property division include how much each spouse contributed to the marital property, the value of each spouse's non-marital property, the children of the marriage, and the marital home, which usually gets awarded to the custodial parent. Non-marital property is not part of the marital estate and stays with the respective owner during and after the divorce. Usually this includes gifts and inheritance provided it is kept separate from the marital property during the marriage.

Like with property, if the divorcing couple cannot agree on a custody agreement during settlement, it will go to trial. The best interest of the child or children is always the main factor for consideration in child custody. However, the wishes of the parents, the child's educational issues, the relationships the child has with the parents, the child's adjustment, and the overall wishes of the child are also taken into consideration. Another consideration is whether one parent wishes to relocate after the divorce.

Often times, the non-custodial parent is requested to pay child support. Generally it is to give the child the same standard of living they had while their parents were married. Child support usually continues until the child is 18, but can be extended until the child is 21 to assist the child in educational needs if certain requirements are met.