Finding that marriage is irretrievably broken, when
This law explains how a Missouri court decides if a marriage is broken beyond repair. If both spouses agree the marriage is over, the court holds a hearing and decides whether to grant a divorce. If one spouse disagrees, the other spouse has to prove one of these things: the other spouse cheated and living together is unbearable; the other spouse acted so badly that living together is unreasonable; the other spouse left for at least 6 months straight; the two have lived apart by mutual agreement for at least 12 months; or the two have lived apart for at least 24 months. The court can also pause the case for up to 6 months and suggest counseling, but cannot force the spouses to go to counseling.
452.320. Finding that marriage is , when — notice — by a , effect of — alternate findings. — 1. If both of the parties by or otherwise have stated or that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court, after considering the aforesaid petition or statement, and after a thereon shall make a finding whether or not the marriage is irretrievably broken and shall enter an of or dismissal accordingly.
2. If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the of the petition and the prospect of , and after hearing the evidence shall
(1) Make a finding whether or not the marriage is irretrievably broken, and in order for the court to find that the marriage is irretrievably broken, the shall satisfy the court of one or more of the following facts:
(a) That the has committed and the petitioner finds it intolerable to live with the respondent;
(b) That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
(c) That the respondent has the petitioner for a continuous period of at least six months preceding the presentation of the petition;
(d) That the parties to the marriage have lived separate and apart by mutual for a continuous period of twelve months immediately preceding the filing of the petition;
(e) That the parties to the marriage have lived separate and apart for a continuous period of at least twenty-four months preceding the filing of the petition; or
(2) Continue the matter for further hearing not less than thirty days or more than six months later, or as soon thereafter as the matter may be reached on the court's , and may suggest to the parties that they seek counseling. No court shall require counseling as a to a , nor shall any employee of any court, or of the state or any of the state, be utilized as a marriage counselor. At the adjourned hearing, the court shall make a finding whether the marriage is irretrievably broken as set forth in (1) above and shall enter an order of dissolution or dismissal accordingly.
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Source & history notes
(L. 1973 H.B. 315 § 5, A.L. 1977 H.B. 470) (1976) This act is not a true "no fault" dissolution law and dissolution should not be granted over the objection of an innocent spouse. In re Marriage of Mitchell (A.), 545 S.W.2d 313. (1977) If a party denies under oath that a marriage is irretrievably broken the court must find one of the statutory grounds has been met. Failure to prove any of these grounds must result in a refusal to dissolve the marriage. In re Marriage of Capstick (A.), 547 S.W.2d 522. (1977) Held, parties had been living "separate and apart" even though they lived in the same home. In re Marriage of Uhls (A.), 549 S.W.2d 107. (1977) Failure to mail notice does not deprive the court of jurisdiction. LeBeau v. LeBeau (A.), 556 S.W.2d 204. (1977) Court erroneously applied the law by failing to hold a hearing on whether marriage is irretrievably broken, when absent party, after receiving notice of interlocutory finding, files an objection within ten days. Brown v. Brown (A.), 561 S.W.2d 374. (1978) Court must make specific finding that marriage was irretrievably broken before granting a decree of dissolution, B.W. v. F.E.W. (A.), 562 S.W.2d 137.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.