Ann, in Missouri, the statutes governing property division and the award of
maintenance refer to "conduct." Conduct is factor that the judge should take
into consideration when making a decision on these two issues. In practical
terms, "conduct" is interpreted as "misconduct." Fault is not required as a
foundation for seeking a divorce - for that, you allege irreconcilable
differences and the fact that the marriage is irretrievably broken.
Yvonne Homeyer
Law Office of Yvonne Homeyer
Center for Collaborative Law and Mediation
1200 South Big Bend Blvd.
St. Louis, MO 63117
314.863.3321
yvonne@xxxxxxxxxxxxxxxxxxxx
www.stlouisfamilylaw.com
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From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx] On Behalf
Of Ann Gushurst
Sent: Tuesday, January 18, 2011 10:35 AM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: [CollabLaw] no fault
Hi everyone. I just read that New York is becoming a no fault state and
that there are now 49 no fault states. I think they must mean that you no
longer have to prove fault in order to qualify for a divorce.
However, I am doing some research on this, and discovered that many states
have provisions wherein fault regularly influences awards. For example, if
there is fault, spousal support is largely off the table.
I was wondering if you could let me know whether or not in your
jurisdiction, fault is a serious consideration..
Thanks!
Ann Gushurst
Gutterman Griffiths PC
10375 Park Meadows Drive, Suite 520
Littleton, CO 80124
Phone: 303-858-8090
Fax: 303-858-8181
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