Missouri Divorce & Family Law Blog

Railroad Retirement benefits are partially marital property subject to division in Missouri divorce

September 20th, 2014

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Recent case: Tier II railroad retirement benefits are marital property Husband appeals the circuit Court’s judgment dissolving his marriage to Wife. Husband contends that, among other things, that the Court misapplied the law in classifying as mari… Read More

Inability to co-parent grounds for sole custody award; Guardian Ad Litem fees assessed to one party appropriate

September 9th, 2014

Posted By

Mark A. Wortman

Recent Case: Parents’ inability to communicate, cooperate, and make shared decisions concerning their children’s welfare makes joint legal custody inappropriate. This case involved a motion to change custody from Mother to Father. The Court ultim… Read More

Every child is entitled to a permanent and stable home

September 1st, 2014

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Mark A. Wortman

Recent case: Termination of parental rights for failure to rectify When children are taken into protective care by the children’s division, the goal is to reunite the children and the parent(s). However, parental rights can ultimately be terminated… Read More

Court must account for all property in Missouri divorce

August 17th, 2014

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Mark A. Wortman

Recent case: Party to Missouri divorce cannot appeal until all claims addressed Wife appeals the circuit court’s judgment dissolving her marriage to Husband. Wife contends that the court erred in failing the distribute a marital pension/retirement… Read More

Missouri Attorney General issues statement on same-sex marriages

June 27th, 2014

Posted By

Mark A. Wortman

Jefferson City, Mo. – Attorney General Chris Koster today issued the following statement related to the St. Louis Recorder of Deeds issuing marriage licenses to several same-sex couples: “While I personally support the goal of marriage equali… Read More

Attorney Fees Awarded on Defective Relocation Notice

June 17th, 2014

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Mark A. Wortman

Recent Case: Father was awarded sole custody and Mother ordered to pay attorney fees due to defective relocation notice. Missouri’s relocation statute requires a parent who intends to relocate the child for a period of more than 90 days to provide… Read More

60 day Notice required for relocation, not Motion to Modify

April 14th, 2014

Posted By

Mark A. Wortman

Case Law Update: Motion to Modify is not required to relocate, but 60 day notice must be given to the non-moving parent, who then may file an objection. Under Missouri law the address designated as the minor child’s primary residence for educationa… Read More

Unequal Division of Marital Property Appropriate in Some Circumstances

April 2nd, 2014

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Mark A. Wortman

In a Missouri Divorce, the Court must divide all of the property and debt acquired during the marriage. The property does not necessarily need to be divided equally, but it must be divided equitably (fairly). In determining this, the Court must consi… Read More

Child Support terminated and child emancipated if requirements for college are not met; child must report grades and course load to parents.

March 9th, 2014

Posted By

Mark A. Wortman

Case Law Update on the issue of emancipation of a child and termination of child support obligation for a child in college when course load requirement is not met. Filed March 4 – Missouri Court of Appeals, Eastern District – ED99492 Fath… Read More

Enforcement of Missouri Divorce Decrees: Contempt of Court Proceedings.

February 1st, 2014

Posted By

Mark A. Wortman

When a Missouri divorce is concluded, and the Judgment Decree is signed by the judge, regardless of whether the case was settled or tried by the court, the parties are expected to follow the order. While most people do, there are always those who cho… Read More

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