Divorce in 2026: Can You Count on No-Fault?
If you’re hoping to get a no-fault divorce in 2026, it’s a good thing that you live in Missouri. So far, no-fault divorce is still on the books here and elsewhere, but changes are coming in states like Texas, Oklahoma, and Louisiana, who have discussed or actually introduced legislation to eliminate, or at least severely limit access to no-fault divorce. Opponents of no-fault believe it makes it too easy to give up on what should be a lifelong commitment. On the other hand, those who support hanging on to no-fault laws believe that many people who are in dangerous situations benefit from no-fault divorce laws.
In the Old Days…
Prior to the establishment of no-fault divorce laws, one spouse was required to prove that the other was violent, had substance abuse issues, had committed adultery, or had abandoned the family. Without evidence of one of these kinds of problems, the divorce petition could be denied by the courts. These requirements led some couples to fabricate problems that the court would accept in order to facilitate a divorce just to get out of a marriage that both parties wanted to end. Naturally, these proceedings took longer and cost more than no-fault divorces. Sadly, some women found themselves powerless against husbands who controlled the family pocketbook and therefore the narrative. It left women stuck in abusive and/or painful marriages with no options.
Enter No-Fault Divorce
Things changed dramatically as one state after another adopted no-fault divorce laws. The immediate outcomes included:
- Things were simpler because couples could divorce on the basis of “irreconcilable differences.”
- By eliminating the requirement for some sort of misconduct, the need for lengthy litigation declined.
- Waiting rules for divorce became unique to each state, ranging from no waiting period in Nevada to 18 months in Arkansas.
Strong Feelings About No-Fault
Those wishing to eliminate no-fault as an option in divorce believe that family stability is a priority, and making divorce easy should not be a goal. Proponents of no-fault divorce stress the importance of giving people in unsafe marriages options, fearing those experiencing domestic violence will be at even greater risk.
Federal Sway on the Issue
Many fear that the federal government may choose to weigh in on the issue by creating national legislation (although it might take some time since it would face constitutional challenges most likely). Another scenario might involve a challenge that reaches the Supreme Court, which could restyle divorce if it chose. Finally, it’s possible that federal funding that addresses welfare or children’s support programs could be redesigned to condition funding on whether state laws comply with federal expectations.
Missouri Divorce
For now, you can still get a no-fault divorce in the state of Missouri. If or when the laws change, the experienced Springfield divorce attorneys at Courtney & Mills will always work to achieve the best possible outcomes for you. To discuss, schedule a confidential consultation in our Springfield office today.
