Party waives right to appeal when a Judgment is entered by consent/agreement. Recent case from the Missouri Court of Appeals: Parties cannot appeal a Judgment that was entered by Stipulation (agreement). Father and Mother entered into a stipulation w…
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The Constitution protects the fundamental right of a parent to custody of their child even though child’s best interests are the goal of statutes governing adoption. An action for adoption without parental consent terminates, without a separate act…
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Recent Case: Marijuana use under the level of chemical dependency not grounds for termination of parental rights Father appeals from the judgment terminating his parental rights. Grounds for termination of parental rights require clear and convincing…
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Recent case: Missouri law states that remarriage terminates spousal support unless expressly agreed or ordered otherwise. Domestic partnership does not qualify for this purpose. Ex-Husband appeals the circuit court’s judgment denying his motion to…
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Recent Case: Retroactive support can only go back to the date of service of the Motion, 20% change in child support amount is grounds for modification, child support can continue if child incapacitated. Father appeals the judgment and decree of modif…
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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…
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While Missouri courts normally follow the “American Rule” regarding legal fees – that each party is responsible for his or her own costs – Missouri dissolution of Marriage statutes give the court the discretion to order one pa…
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Categories: Alimony / Maintenance, Assets and Debts, Custody and Visitation, Discovery, Divorce, Financial Issues, Legal Proceedings, Military Divorce, Military Family Law, Modifications, Paternity, Trials
Similar to other states, Missouri is a modified no-fault divorce state. However, there is some misconception out there about what this actually means for divorcing parties in Missouri. Modified no-fault divorce means that a party does not have to pro…
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Categories: Alimony / Maintenance, Assets and Debts, Child Support, Custody and Visitation, Divorce, Legal Proceedings, Marriage and Family, Military Divorce, Military Family Law, Property Division, Trials
In a recent ruling by the Missouri Court of Appeals for the Southern District, a division of property and debt where the Wife received 93% of the assets and 27% of the debts, and the Husband received 7% of the assets and 73% of the debt was reversed…
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Categories: Assets and Debts, Custody and Visitation, Discovery, Divorce, Financial Issues, Legal Proceedings, Legal Separation, Marriage and Family, Military Divorce, Military Family Law, Property Division, Retirement Plans and Division, Trials
In today’s turbulent economic climate, where job losses or reductions in income are frequent, it is critical to immediately deal with a child support order upon any significant change in income. Failure to act quickly can lead to an even greate…
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