Can a Spouse Refuse a Divorce in Missouri?

When it comes to ending a marriage, the process can be emotionally challenging and legally complex. One common question that comes up is whether a spouse can refuse a divorce. In Missouri, as in many other states, the answer is nuanced. Our legal team can help you understand what impact your spouse’s cooperation or non-cooperation can have in your legal case. 

At Columbia Family Law Group, LLC, our experienced Missouri divorce attorneys are here to help. We understand the complex emotional, financial, and legal aspects a divorce has on your life. Let us help you get started with a consultation.

No-Fault Divorce Laws in Missouri

Missouri follows a “no-fault” divorce system, meaning that the court does not require either spouse to prove wrongdoing or fault (such as adultery or abuse) to grant a divorce. Instead, one spouse simply needs to cite that the marriage is “irretrievably broken,” indicating that there is no reasonable likelihood of reconciliation.

To initiate a divorce in Missouri, one spouse (the petitioner) must file a petition for dissolution of marriage with the appropriate circuit court. The other spouse (the respondent) is then served with divorce papers. The respondent has the opportunity to respond to the petition, either agreeing or disagreeing with the terms outlined.

Can my Spouse Refuse a Divorce?

In theory, a spouse can attempt to refuse a divorce by contesting the petition. However, in practice, Missouri’s no-fault divorce system makes it difficult for a spouse to prevent the dissolution of marriage if the other spouse is determined to proceed. Here are a few key points to consider:

1. Contested Divorce: If the respondent disagrees with the grounds for divorce or the terms of the divorce (such as property division, child custody, or spousal support), they can file a response contesting the petition. This can lead to a contested divorce, where the court will hold hearings to resolve the disputes.
2. Irretrievably Broken Marriage: Even in a contested divorce, the petitioner only needs to prove that the marriage is irretrievably broken. The court may require the petitioner to present evidence or testimony to support this claim. If the court is convinced that reconciliation is unlikely, it will grant the divorce, regardless of the respondent’s objections.
3. Mandatory Separation Period: Missouri law requires a 30-day waiting period after the petition is filed before a divorce can be finalized. During this time, the court may encourage mediation or counseling to attempt reconciliation. However, if one spouse remains adamant about ending the marriage, the court will likely proceed with the divorce once the waiting period is over.

Practical Considerations if Your Spouse Refuses to Cooperate with the Divorce

While a spouse may attempt to delay the divorce process by contesting the petition or refusing to cooperate, it is unlikely to prevent the divorce from ultimately being granted. Here are some practical considerations for individuals facing this situation:

• Legal Representation: Hiring an experienced Missouri family law attorney is crucial to navigating the complexities of a contested divorce. An attorney can provide valuable guidance, represent your interests in court, and help you understand your rights and obligations.
• Mediation and Counseling: Even if a divorce seems inevitable, mediation or counseling can be beneficial for resolving disputes amicably. These services can help both spouses reach agreements on important issues, reducing the emotional and financial toll of a contested divorce.
• Protecting Your Interests: If you are the petitioner seeking a divorce, it is important to document evidence supporting your claim that the marriage is irretrievably broken. This may include written communication, witness testimony, or other relevant evidence that demonstrates the breakdown of the relationship.

A Missouri Divorce Lawyer Can Help With Your Case

Every divorce is a difficult and challenging emotional time. It is more so if your spouse refuses to cooperate. We can help. 

The Missouri divorce attorneys at Columbia Family Law Group, LLC know how to help in this difficult scenario.  Contact us today for a consultation of your case.