Discovering your spouse has had an affair can be devastating. Beyond the emotional impact, you may wonder: does adultery actually affect your divorce? The answer is… it depends — and the rules differ between states. Let’s break down what adultery can mean in divorce proceedings in Missouri and Kansas.
Missouri Divorce: No-Fault, but Adultery Can Still Matter
Missouri is primarily a no-fault divorce state, meaning you don’t need to prove wrongdoing to get divorced. The legal standard is simple: if your marriage is “irretrievably broken,” the court can grant a divorce.
However, adultery can still influence certain aspects of divorce:
- Property Division: While Missouri courts typically divide assets equitably, marital funds spent to support an affair (gifts, trips, or other expenses) could be considered in the division.
- Spousal Support: Adultery may influence spousal maintenance if the court believes it caused financial harm or demonstrates marital misconduct.
- Child Custody: Courts focus on the child’s best interests. An affair alone usually won’t impact custody unless it directly affects the child’s well-being.
If you want the court to consider adultery, you’ll need evidence: financial records, emails, or witness statements. Alleging it without proof can complicate your case.
Kansas Divorce: Adultery’s Role is Limited
Kansas allows both no-fault divorce (incompatibility) and some fault-based grounds. Technically, adultery is a criminal offense (Class C misdemeanor), but prosecution is extremely rare and doesn’t usually affect divorce outcomes.
In divorce cases, adultery generally doesn’t automatically impact property division or alimony, except in specific situations:
- Dissipation of Assets: If your spouse spent marital funds on the affair, the court may take that into account when dividing property.
- Alimony: Kansas courts generally do not consider adultery when awarding maintenance unless the behavior is extreme and financially damaging.
- Child Custody: As in Missouri, custody decisions are guided by the child’s best interests. An affair usually matters only if it affects the child’s stability or safety.
Key Takeaways
- Mostly indirect impact: In Missouri and Kansas, adultery is more likely to affect divorce through financial misuse than moral wrongdoing.
- Evidence matters: If you want adultery considered, document any financial impact carefully.
- Focus on priorities: Property division, spousal support, and child custody usually matter more legally than the affair itself.
Bottom Line
Finding out about a spouse’s affair is emotionally difficult, but legally, its influence on divorce is often limited. Your best approach is practical: focus on property, support, and custody, and consult a family-law attorney familiar with Missouri or Kansas law to understand how local courts handle these situations.
While the affair may not change the outcome dramatically, understanding the law helps you protect your financial and parental interests — and move forward with confidence. Call The Binder Firm in Kansas City at (816) 866-8264 to learn more.
