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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

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

Missouri Divorce FAQ Series: How long will 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

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

Debts ordered to be paid in Divorce Decree are not dischargeable in Chapter 7 Bankruptcy

Since 2005, the Bankruptcy law has been relatively clear that nearly any obligation resulting from a dissolution of marriage proceeding is not dischargeable in bankruptcy, whether that is in the nature of a domestic support obligation (11 USC 523(a)(… Read More

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

Relocation of a child subject to a Missouri custody order

Missouri law governs the relocation of children after a custody order has been entered. "Relocation" is defined as "a change in the principal residence of a child for a period of ninety days or more, but does not include a temporary ab… Read More

No Jurisdiction to Modify Custody Decree under UCCJEA

Recent Case: SHA, Respondent, vs. COA, Appellant. Missouri Court of Appeals, Eastern District – ED97993 Mother appeals from the judgment of the trial court dismissing her motion to modify a child custody order entered in the State of Illinois.… Read More

Courts Bulletin: Modifiable maintenance granted at divorce is terminated when all of the reasons it was awarded have changed.

An action to terminate modifiable maintenance was granted. The case is fact-specific, but deserves reporting simply because of the dearth of appellate cases in which modifiable maintenance is terminated. At the time of the parties’ divorce (dat… Read More

No Presumption that Child Should Bear the Last Name of One Parent Over the Other

Recent Case: M.R.H., Respondent, vs. J.N.P., Appellant. Missouri Court of Appeals, Eastern District – ED97338 J.N.P. ("Mother"), biological mother of M.R.H. ("Child"), appeals from the judgment of the trial court following a… Read More