The otherwise discreet dating site Ashley Madison has been in the news for varied reasons over the last few months. Hackers have supposedly given millions of members the jitters after their profiles and email addresses were exposed. However, one of the only ones to come out in the public so far is that of Josh Duggar although there is news about his wife Anna seeking a divorce, according to kansascity.com.
Kansas City, Missouri divorce lawyers were allegedly set to make a killing due to a surge in new clients, according to some reports. However, for divorce attorneys in Kansas and Missouri this is nothing but a myth. According to these legal insiders, adultery is most often not a major contributing factor in divorce cases. As per Missouri divorce laws, a spouse is not required to prove grounds like adultery or any other reason to get a divorce and therefore an extramarital affair won’t have much of an impact.
No windfall for divorce lawyers
In the state, such an affair is considered as marital misconduct. Moreover, Missouri is a no-fault state, which means that the filing spouse does not require to prove that the other party at fault. According to Kansas City, Missouri divorce attorneys, the court will conclude whether the marriage is irretrievably broken and that irreconcilable differences cannot save the marriage.
For the most part, lawyers are of the opinion that judges do not tend to base their decisions or concern themselves with issues such as infidelity. Therefore, any spouse that may discover that their partner was a member of Ashley Madison should not expect it to have an impact in divorce litigation. Legal pros believe that a judge would only show interest if it has an impact on the children involved in the marriage.
A lawsuit amount based on fantasy
Interestingly, Missouri attorneys had filed a class action lawsuit in US District Court on behalf of a plaintiff, Jane Doe v. Avid Life Media Inc., seeking over $5 million in damages. The plaintiff alleges that Ashley Madison violated the Stored Communications Act (SCA), and also accused the firm of negligence and breach of implied contract.
Does he deserve $5 million though? Many people believe no. He took the risk by putting himself in this position. Perhaps he deserves about $1,000 or his money back.
Missouri divorce basics
According to Kansas City MO divorce attorneys, the state follows the no-fault rule where the court will grant a divorce if both spouses agree that their marriage is irretrievably broken without any likelihood of reconciliation. In the case where one spouse disagrees that the marriage is broke, the onus is on the petitioning spouse to prove a valid ground for divorce.
This includes adultery, domestic violence, abandonment, and intolerable cruelty, to name a few. The spouse may also prove that both parties have lived apart with mutual consent for a year or a minimum of two years without mutual consent.
In addition, one of the spouses must have lived in Missouri for at least 90 days prior to filing a divorce petition. The petition can be filed in a county where one of the spouse lives. However, there are several other sensitive issues such as alimony, child custody, and support, and property division that could be a bone of contention in any divorce. Therefore, it is always prudent to seek help from an experienced Missouri divorce lawyer who will make sure that you receive a fair settlement.