Divorce laws vary from
state to state where some do not mandate that the filing spouse provide any
grounds for a divorce. If you happen to reside in the state of Missouri it is
important to understand that it is purely a no-fault divorce state where you are not required by law to prove that your
spouse is at fault the time of filing for a divorce.
St. Louis, MO divorce lawyers
can explain to you that all you need is a reason such as irreparable breakdown
of marriage or irreconcilable differences. These are just legal terms that
indicate that the couple is no longer willing to make their marriage work. If
your spouse is the one who has filed for a no-fault divorce you have no ground
to object. Should you choose to do so, your objection will be seen as a result
of irreconcilable differences.
No one in this business
in the St. Louis area is better than Behrens Law Firm. This law firm know this
law in and out and keeps their clients informed every step of the way.
North Eastern Missouri
and St. Louis divorce attorneys such as Behrens Law Firm caution that it is
important to be aware that most states have residency requirements. For
example, one of the spouses must be a resident of Missouri for at least 90 days
prior to filing a divorce petition. In addition, the couple must have lived separately
for at least 12 months by mutual consent.
Most states do not
recognize fault divorce. In states that do, you can file a fault divorce
requesting the courts to grant a divorce based on specific grounds. These
include:
- Adultery
- Confinement in Prison
- Abandonment for a good length of time
- Sexual intercourse impairment
- Physical and emotional pain inflicted by a spouse
What is Comparative Rectitude?
There are cases where
both the spouses have filed for a fault divorce and seek to prove that the
other is at fault. In such a situation, the court will weigh the evidence
presented by both sides in order to decide which one of the spouses is more at
fault. The divorce decree will then be granted to that spouse that is least at
fault. This is legally called comparative rectitude.
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| Getting a divorce is not cheap. Getting a divorce without a St. Louis divorce lawyer such as those from the Behrens Law Firm (http://barbarabehrensdivorceattorney.com/) could cost you about everything you think is important in life. Make the call. The other side, your soon to be ex spouse, has already made their call, you need legal representation too. |
Fault Divorce Defenses
If your spouse has
filed a fault divorce you can put up your defense challenging it. A fantastic
St. Louis, MO divorce lawyer will be able to highlight potential defense
strategies based on your circumstances.
Connivance: If your spouse has
accused you of adultery, you can prove that your spouse agreed to infidelity.
You can also prove that he/she even participated in the infidelity. This means
that if you and your spouse have voluntarily had group sex, your spouse cannot
claim infidelity. If your spouse forced you into prostitution he/she cannot
claim adultery at a later date.
Condonation: Complaining spouses
cannot claim adultery if they have forgiven adulterous behavior and continued
marital relations after the incident.
Recrimination: In
addition, spouses cannot seek divorce on grounds of adultery when both of them
are committing infidelity.
Provocation: Your spouse cannot
claim abandonment if his or her physical and verbal abuse forced you to leave
your home.
Collusion: This happens when your
spouse has fabricated grounds for divorce.
To learn more about divorce
laws in your state, make sure to seek help from a St. Louis divorce lawyer well
versed in family law which Behrens Law Firm certainly is.
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