Prior to the early 1970s, most states required a spouse filing for divorce to prove a reason justifying a divorce. This was referred to as “fault divorce.” In those days, there were several reasons as grounds for divorce, including cruelty, insanity, adultery, and abandonment. If the spouse seeking divorce could not identify and prove one of these grounds, they were denied the right to divorce.
How Missouri’s No-Fault Divorce Law Works
For Missourians, that problem was solved when, in January 1975, a “no-fault” divorce statute went into effect. Today, all 50 states have a “no-fault” divorce law, meaning that it is not necessary to prove fault for the divorce to be granted. Missouri’s divorce statute requires an “irretrievable breakdown of the marriage relationship” and that there is “no reasonable likelihood that the marriage can be preserved.”
When Misconduct Still Matters in a Missouri Divorce
While alleging fault in the deterioration of the marital relationship is not necessary, misconduct during the marriage can still be a factor in the division of property, maintenance (alimony), custody of children, and attorneys’ fees. Misconduct may include extramarital affairs, financial waste, abusive behavior, or abuse of drugs or alcohol. For example, if one spouse gambled and spent significant sums on that habit, that waste of money may be offset with a more favorable property division to the non-gambling spouse. Or, if one parent struggles with alcoholism, physical custody may be awarded subject to conditions, such as mandatory breathalyzer testing.
Experiencing misconduct during a marriage can put significant strain on the relationship and the entire family, and certainly can lead to divorce. When determining the impact of the misconduct on the division of property, maintenance, or attorneys’ fees, this misconduct often will seem more significant to the person who experienced it than to the court, especially because of the no-fault laws in Missouri. Whether you are the spouse who experienced misconduct or who has allegations of misconduct against you, it is important to have an experienced attorney explain the impact of the misconduct to you, as well as to use that information to advocate on your behalf.
If you are concerned about misconduct and its impact on your case, a family law attorney at PCB is happy to discuss your case with you.
*This blog was written with the assistance of Caroline Vaaler, Saint Louis University Law student, anticipated graduation May 2026.
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