This Week in Missouri Family Law
Conduct During Marriage Influences Judgment
Wife's inability to support herself due to health problems and lack of skills supports award of maintenance. Evidence of Wife's resources, from later hearing on attorney fees, is no basis for reversing Circuit Court's award of maintenance. Husband's use of resources, including extramarital affair, supports division of property and allocation of debt to him, and does not bar an award of attorney fees to Wife.
Pamela J. Russum, Respondent, v. Gerald E. Russum, Jr., Appellant. Missouri Court of Appeals Western District
No Prejudice Need Be Shown On Departure From Statutes
Circuit Court accepted into evidence an amended social report from Children's Division to replace that filed originally with the petition. But Circuit Court never met with Juvenile Officer after filing of petition to assign report. Failure to strictly comply with statutes on termination of parental rights is reversible error, and "a parent facing termination bears [no] burden of establishing prejudice."
K.L.W., S.F.W., and L.S.W., In the Interest of. Missouri Court of Appeals Eastern District
Source for Post: The Missouri Bar