Effects of Infidelity on Divorce in Missouri
If a spouse betrays the other spouse, the marriage can be beyond repair and can even end in a divorce. At the same time, even when the reason for the divorce is infidelity, the spouse who is divorcing can opt to cite another reason for ending the marriage. Irrespective of what the real cause of divorce is, marital assets are split using similar factors.
No-fault divorce in Missouri
Missouri being a state that recognizes no-fault divorce, none of the spouses needs to establish that their other spouse committed misconduct prior to the court awarding a divorce.
Although when your husband/wife committed infidelity, you do not have to mention is as a reason for your divorce. According to Missouri law, one simply has to establish that the marriage cannot continue at any cost. While neither of the spouses has to commit a fault to get a divorce, one cannot say that conduct is completely irrelevant while the divorce proceeding is continuing.
Infidelity as a legal ground
In case one wishes to, the state of Missouri permits a spouse to use infidelity as a legal ground for the divorce. While courts in Missouri typically prefer equal property distribution and joint custody, making the infidelity of your spouse a key matter in your divorce proceeding may have an impact on the financial aspects of a divorce such as spousal maintenance, child visitation and custody, attorney fees, and property distribution. A spouse may also include details about the infidelity of your spouse in his/her divorce petition even when adultery is not used as the actual cause of your divorce.
Proving infidelity in Missouri
In case you accuse while filing a divorce that your spouse has cheated on you, it is for you to establish so when he/she would not acknowledge such adulterous conduct. So, even if you are aware that your husband/wife has committed infidelity, it is not adequate because it has to be proved. However, proving infidelity can cause a delay in completing your divorce proceeding, as well as, can increase your costs. Potential proof of infidelity could also comprise printouts of posts on Facebook, documents, emails, statements, and pictures of witnesses, credit card statements, and documents.
Infidelity and its financial impact
In case a person can establish that his/her spouse had an extra-marital affair in the court, he/she can get financial benefits. While determining how the marital property has to be split in the divorce, the court will consider several factors. For instance, in case your spouse spent marital assets to purchase costly gifts for his/her love interests; it is more likely that the court might show an inclination to grant you a bigger chunk of the marital property.
Infidelity and alimony in Missouri
In Missouri, courts can only award spousal support when both these statements are correct:
- The spouse who will receive the alimony lacks adequate property for covering all the reasonable requirements, and
- The spouse who will receive the spousal support lacks the ability to self-support through a job or has the custody of a kid whose circumstances or condition stop the receiving spouse from going outside the home and work.
In case both the above conditions are met, the court will proceed to the next page of the analysis. The judges will consider the available proof and then apply several factors for coming up with a just order. A just order is one, which is reasonable and fair.
Divorces can be messy and complicated, especially when it involves adultery or an extra-marital affair. Hence, it makes sense to approach an experienced divorce attorney who can fight your case so that getting your divorce decree is convenient while the financial aspects are also settled.
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