I have a friend going through a divorce. We met 19 months after the divorce was filed. She claims she was cheated on and has indisputable proof. Yet she claims that she is getting nothing out of the divorce. She states Missouri doesnt look at adultery and that she gets nothing. She states she is being forced to sell the home, not getting a dime from him, has to split all debts 50/50. I find this very hard to believe and am starting to believe she is not being honest about what really happened. Does anyone know anything about Missouri divorce laws as they pertain to adultery?
2007-03-14 09:06:17 · 8 answers · asked by GTO 1 in Family & Relationships ➔ Marriage & Divorce
MO is a no-fault state. There is disillusion of marriage, not divorce. No grounds for divorce are stated.
2007-03-14 09:11:10 · answer #1 · answered by Bev 5 · 1⤊ 0⤋
Most states do not allow adultery as grounds for divorce any longer. So proof or no proof it can't be used regardless of the civil laws, the divorce laws are different. So yes she has to split all debts 50/50 but she also gets 50% of all marital assets which means half of the sale of the house as well as half of what was ever in the bank/half of any 401s he had through his employer. What I'm wondering about is why is she not divorced by now after at least two years? You might ask yourself the same thing...something is not "Kosher"
2007-03-14 09:19:11 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Don't judge her to quickly, The court looks at adultery but it's not the end all for a divorce case, about all it does is say there's grounds for divorce. As far as property, yes generally they try to make it a 50/50 split.
2007-03-14 09:12:53 · answer #3 · answered by walker9842 4 · 0⤊ 0⤋
It is illegal in a lot of different states. But it is considered a breach of contract and is punishable under contract law instead of criminal law. And under contract law it is considered civil and no jail time is necessary. If it is proven that a spouse indeed conducted themselves in such a manner then the other spouse can take them to court to sue them. Because there has been harm done under the contract law, a couple who take the "vow" at the time of the wedding are signing a contract that says "Do you forsake all others" Meaning you will not be tempted by another woman or man to "stray" Under Michigan law, it is not illegal and recognized under the divorce law. Because Michigan is a "no-fault" state. Which means if you present a cheating spouse in divorce court to a judge, the judge won't even take a look at it. They won't consider it. I live in Michigan and had been cheated on by my ex-husband and when I tried to sue him for all of the damages and harm he had caused, the judge pretty much laughed at me. And when I brought it up in divorce court, the judge did the same thing, he didn't consider it. He put it on the books as our marriage dissolved with irreconcilable differences. I am currently in law school now, and doing a 20 some odd page research paper on how adultery should be illegal and able to be punished under contract law in the U.S., it is illegal in the military but not for citizens in a lot of different states. So why does the military and the other states, where it is illegal, why do they get to punish those who cheated on them, and us regular citizens and those states where it is legal cannot? That doesn't seem correct or even fair, now does it? No it doesn't. But all in all, if I were you I would check with your state laws and figure out a great plan to be able to "have sweet revenge" It is a terrible thing any person should endure. But unfortunately it does happen everywhere, not just in the U.S. But in each and every single country. It should be thought of as an act against the family and an act against the most sacred item out there "the vow taken before GOD, a judge, clergy, a lot of witnesses, and court" Good luck with your path to finding someone who will have enough respect toward you to be able to follow the sacred vow. I wish you well in your healing and hope for nothing but the best in your journey. I know this article has been published quite awhile ago, but while researching for my topic on adultery I happened across it and couldn't resist to comment. Good luck!
2016-03-28 23:08:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Regardless of what state you live in; adultery is not legal. When divorcing, if proof is given of being cheated on; that can be used again teh person who cheated. It also depends on the attorneys and the judge and all information given. But in any state, it's not legal.She may not be telling you the truth on some things. That will come back to her later~ (Karma anyone?)
2007-03-14 09:14:08 · answer #5 · answered by suzlaa1971 5 · 0⤊ 0⤋
Adultery is just a legal word for grounds for a divorce in the end it comes down to the lawyers you pay for to get you what you ask for.
2007-03-14 09:10:50 · answer #6 · answered by Mary O 6 · 0⤊ 0⤋
Yep.. thats right. Mo. is a no fault state. Bills are seperated as to how much each earns. Not always 50/50. If children or possessions are involved it can get sticky. In the end the lawyers get the gold mine and you get the shaft.
2007-03-14 09:13:51 · answer #7 · answered by navyboy763 6 · 2⤊ 0⤋
adultry laws, while they may be on the books, are not enforced in the courts in america anymore. what she told you is believable to me.
2007-03-14 09:32:28 · answer #8 · answered by sinned 7 · 0⤊ 0⤋