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  1. #1
    Join Date
    Dec 2005
    Location
    Missouri
    Posts
    2

    Default Alienation of Affection and Spousal Support

    My husband moved out about 3 weeks ago. We have been having problems for awhile - some my fault and some his. I recently found out that he has started seeing someone else. It looks as if we are headed for divorce, althought I would like to think we can work things out down the road. But, in the meantime I am thinking of a legal separation. I work part time, so I can be home w/my kids when they get home from school. He says he refuses to pay spousal support. I wanted to seek it at least til the kids are in school full time. Can I pursue spousal support in Missouri. And what is their lasw on alienation of affection??

    Any help would be great

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Missouri Legal Separation & Alienation of Affection

    The basis for legal separation under Missouri law is an irretrievable breakdown of the marriage, which may include the following factors:
    • (1) adultery;
      (2) abandonment;
      (3) separation caused by misconduct in the 12 months before filing the petition;
      (4) spousal behavior that the other spouse cannot reasonably be expected to live with; and
      (5) living separate and apart continuously for 24 months.
    One of the spouses must be a resident of Missouri for at least 90 days before filing for legal separation. If you qualify for legal separation you may petition the court for spousal support and child support.

    The Supreme Court of Missouri abolished the tort of alienation of affections in Helsel v. Noellsch, No. SC 85053 (Mo.banc 2003).

  3. #3
    Join Date
    Dec 2005
    Location
    Missouri
    Posts
    2

    Default

    Thank you for your help!!

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