Is Infidelity Grounds for Divorce in Missouri?

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    Dissolution

    • If the residency requirement is met, the filing spouse must submit a petition for dissolution in the circuit court located in her county of residence. The petition must include grounds for dissolution. Missouri does recognize infidelity, referred to as adultery, as valid grounds for dissolution.

    Property

    • Any property acquired during the marriage must be divided during dissolution, unless it was a gift or inheritance received by only one spouse ("exempt separate property"). The court will consider several factors to determine the percentage of property each spouse will receive. One of these factors is marital misconduct. This means that a spouse who committed adultery may be penalized and awarded a lesser share of the marital property.

    Spousal Maintenance/Alimony

    • Marital misconduct like infidelity is also considered when awarding alimony (spousal maintenance in Missouri). This means that if the adulterous spouse is eligible to receive alimony, she may receive less. On the other hand, if the owing spouse committed adultery, he may be ordered to pay more in alimony as punishment.

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