Is adultry a grounds for divorce?

Full question:

Can you use adultry in a divorce? My husband has been seeing another woman and we've been married for 20 years.

Category: Divorce
Date: 04/07/2025
State: Missouri

Answer:

The normal grounds for dissolution of marriage in Missouri are the allegations that the marriage is "irretrievably broken" and that there is no reasonable likelihood that the marriage can be preserved. Specific acts of misconduct are generally not included in the Petition.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does adultery affect property division in Missouri divorce?

In Missouri, adultery does not directly influence property division in divorce cases. The courts typically divide marital property based on what is fair and equitable, not on misconduct. However, if one spouse's actions significantly impacted the marriage or the other spouse's financial situation, it might be considered during negotiations. Always consult with a legal professional for personalized advice.

Can I file for divorce if my spouse cheated?

Yes, you can file for divorce if your spouse committed adultery. However, in Missouri, you will likely cite the marriage as 'irretrievably broken' rather than focusing on the adultery itself. The court primarily looks for the overall state of the marriage rather than specific acts of misconduct. It's advisable to seek legal counsel for guidance on your situation.

What evidence is needed to prove adultery in Missouri?

To prove adultery in Missouri, you typically need evidence that shows your spouse engaged in a sexual relationship with another person. This can include photographs, text messages, emails, or witness testimonies. However, since Missouri does not require proof of adultery for divorce, you may not need to present this evidence unless it impacts other aspects of the divorce proceedings.

Can I get alimony if my spouse committed adultery?

In Missouri, adultery may influence alimony decisions, but it is not a guaranteed factor. Courts consider various aspects, including the length of the marriage, each spouse's financial situation, and the reasons for the divorce. If adultery significantly affected your financial stability or well-being, it could be a factor in determining alimony. Consult an attorney for specific advice regarding your case.