Valid Prenuptial Agreement must be followed; Non-existent assets can't be included in marital estate

Recent case: Missouri Court of Appeals, Eastern District – ED98742 Husband appeals the trial court’s dissolution judgment in various respects relating to the characterization and division of property awarded to his former spouse. DECISION: Th… Read More
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Modification of grandparent custody to Mother solely requires change in circumstances; best interest of child

Recent case: Missouri Court of Appeals, Eastern District – ED99303 Grandparents appeal from the judgment of the trial court modifying a 2009 custody order changing an arrangement of joint custody between grandparents and Mother to an award of s… Read More
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Trial court must identify all property as marital or non-marital in Missouri divorce proceeding; specific values not required

Recent Ruling: MP v. DLP Missouri Court of Appeals, Western District – WD75647 Husband appeals from the trial court’s judgment and decree of dissolution of marriage with respect to its division of property. Husband claims that the trial c… Read More
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Missouri Divorce FAQ: What is an Uncontested Divorce in Missouri?

An uncontested divorce in Missouri is a divorce where both the Husband and the Wife are in complete agreement with all terms of the divorce before the case is filed. In almost all cases, if the case can be resolved as an uncontested matter, there wil… Read More
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Selling the Marital Home: Missouri divorce decree requiring home to be sold must specifically designate conditions of sale

Recent ruling NC v. CC Missouri Court of Appeals, Eastern District – ED95337 Husband appeals from the trial court’s Amended Judgment and Decree of Dissolution of Marriage dated June 2, 2010, ordering Husband to pay monthly maintenance to… Read More
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Missouri Divorce FAQ Series: How long does a divorce case take from beginning to end

The duration of a divorce in Missouri varies from case to case. Factors that determine length include how contested the case is, the cooperation of the parties, whether or not there are two attorneys involved, the complexity of the issues, whether or… Read More
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Court must consider division of marital property before ordering spousal maintenance (alimony); Factors that determine amount of spousal support.

In a recent ruling from the Court of Appeals, Husband appealed the trial Court’s decision granting maintenance to the Wife, claiming, among other things, that the Court did not consider the Wife’s award of marital property, and the abilit… Read More
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Electronic Domestic Case Filing Begins in March in Jackson County

News Release from the Jackson County Circuit Court: Starting in March, there will be no more mad dashes to the courthouse by attorneys to file papers at the last minute. The Circuit Court in Jackson County will begin paperless electronic filing which… Read More
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Setting aside of default judgment appropriate when good cause shown and meritorious defense; Ability to pay supports award of attorney's fees

Recent Case: JT Appellant vs. AT, Respondent Missouri Court of Appeals, Eastern District – ED97995 Father appeals from the trial court’s judgment of November 8, 2011, dissolving his marriage with Mother and entering a child custody and su… Read More
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Express allegations of abuse or neglect required for mandatory appointment of Guardian Ad Litem; Alternating weekend parenting plan is joint physical custody.

Recent case: CJWQ vs. SJQ Missouri Court of Appeals, Western District – WD74342 Mother appeals the circuit court’s judgment modifying the dissolution decree from her marriage to Father. Mother asserts that the court erred when: (1) it failed… Read More
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