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Adultery in Missouri – Does it Affect a Divorce?


If your spouse has cheated on you and you are petitioning for divorce, although Missouri is a no-fault state, it might be possible to hold them accountable in court.

Unfaithful spouse lawyer

There is quite arguably few things more hurtful than finding out that your spouse has cheated on you. There are very few couples who can withstand infidelity of one or more partners and continue to stay married to them.

If your spouse has cheated on you and you are going to call it quits, it might be disheartening to know that it might not make much difference that your spouse was unfaithful. Since Missouri is a no-fault divorce state, the assets are divided the same regardless of who caused the ending of the marriage or even if one spouse cheated on another.

No-Fault Divorce State

Missouri is called a no-fault state because to obtain a divorce, neither spouse has to be responsible for the marriage failing. You don’t have to prove that your spouse is displaying misconduct to file for a divorce. The only thing that a couple needs to show is that there is no way that the marriage can be saved and that it is broken without repair.


Even though Missouri is a no-fault state and the assets are divided in the same way even if there was infidelity, there are repercussions if someone cheats and that adultery ends up being the grounds for the marriage falling apart. Although you don’t have to state a grounds for divorce, you can use grounds as a tool to have things like spouse maintenance, custody and child support payments and even who pays for the attorney, swayed in your favor.

Proving Adultery

If you believe that your spouse has been unfaithful, then that is something you will want to share with your St. Louis divorce attorney. You will need to have proof of the adultery, not simply the suggestion or belief of it. If you can prove that your spouse cheated, that evidence can be a useful way to sway the judge in addition to providing leverage in your divorce proceedings. Things that you can show are emails, social media post printouts, photographs, witnesses, credit card or phone statements or even have a private investigator testify to your spouse’s infidelity.

Financial Impact

If you can prove that your spouse has been cheating on you, then you might be able to gain some financial benefit. Even though the assets are split 50/50, if you can make a case for adultery, then it might be possible for the judge in the case to rule differently when it comes to awarding one spouse property over another. For instance, if your spouse lavished the person they had an affair with expensive gifts, the expense can be deducted from their overall marital estate award, which means more of the things you value stay in your pocket.

If your spouse has cheated on you and you are petitioning for divorce, although Missouri is a no-fault state, it might be possible to hold them accountable in court and benefit from their infidelity in terms of dividing property, asset dividends, and child custody and support.

Contact a St. Louis Divorce Lawyer

A family law attorney should be someone you can trust to help you through some of the most difficult times in your life, as well as one of the people you want next to you to celebrate triumphs. At The Betz Law Firm, we are committed to guiding our clients through the court process with the same level of professionalism that we would wish for our own family members. Our firm’s goal is to assist families in need to navigate their way through those important, life-changing events.

Contact The Betz Law Firm today by calling (314) 801-8488.