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Missouri Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Real Estate Law for Missouri on
Q: I own a home in Missouri. My mother gave me the money to purchase my home. Only my name is on the title.

My wife left me over a year ago and moved in with her mother. She has all her mail forwarded to her mothers address where she lives. I am trying to sell my home where do I stand legally? We are still legally married, can she fight me on selling the house?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Feb 22, 2024

The short answer is that your wife's signature will be necessary to sell the house. Depending on the circumstances, she may or may not be entitled to "block" you from selling the house, but her signature will be necessary because of your marital status.

1 Answer | Asked in Copyright, Divorce, DUI / DWI and Banking for Missouri on
Q: I need Help To Review My Deposition
James L. Arrasmith
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answered on Feb 21, 2024

Reviewing your deposition is crucial to ensure accuracy and completeness of the testimony provided. Start by carefully reviewing the transcript or recording of your deposition, paying attention to the questions asked and your responses. Verify that your answers accurately reflect your recollection... View More

1 Answer | Asked in Divorce, Tax Law and Gov & Administrative Law for Missouri on
Q: How do i renew my tags and pay for just the taxes on my vehicle when my wifes vehicle is on the bill and our divorce is

Still not final. Please help my tags are expired. I live in Arkansas

James L. Arrasmith
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answered on Jan 13, 2024

To renew your vehicle tags and pay only the taxes on your vehicle while your divorce is still pending, you should follow these steps:

1. Contact your local DMV: Reach out to the Arkansas Department of Motor Vehicles or the relevant local agency responsible for vehicle registration to...
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1 Answer | Asked in Family Law and Divorce for Missouri on
Q: Can a divorce filing be thrown off docket if not pursued after 3 yrs. Are the initial court orders then dissolved?

My son's wife filed for divorce 3 yrs ago. He was ordered to pay for her lawyer $4000. He also had to get a lawyer for himself. The judged ordered him to pay his wife $1600/month, $800 for 2 kids and $800 for her, and make the payment on HIS house and he could not live there. He of course... View More

James L. Arrasmith
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answered on Dec 25, 2023

In Missouri, if a divorce filing remains inactive for an extended period, it is possible for the court to dismiss the case for lack of prosecution. However, the dismissal of the case would not necessarily nullify the initial court orders, especially those related to child support, spousal support,... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Can a divorce judgment be set aside, or retrial for excusable neglect based on Federal Rule 60

In a divorce judgment can respondent who was wrongly incarcerated, request to set aside a judgment in a divorce ,or ask for retrial, based on Missouri rule 74.06 using excusable neglect, by incorporating Federal Rule 60.

James L. Arrasmith
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answered on Dec 25, 2023

Yes, it is possible to set aside a divorce judgment or request a retrial based on excusable neglect under Missouri law. Here are some key points:

- Missouri Supreme Court Rule 74.06 allows a party to seek relief from a final judgment or order due to mistake, inadvertence, surprise, or...
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1 Answer | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for Missouri on
Q: i have a oop violation and a communication harassment and a failure to appear charges 400 miles away. i was never serve

i never knew i had this and was never given a chance to defend my self.i had been divorced for 17 yrs

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 9, 2023

I'm not sure what your legal question is. If you wish to challenge the order of protection, your options may be dictated by when it was entered and if you were served. An attorney could review the file on Casenet.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: If both party's have joint property can he or she pick up personal stuff when the other is not there?

Say one is at work and it takes a week to move out?

Kristen Thurmond
Kristen Thurmond
answered on Aug 11, 2023

This answer depends on where the personal property is located and if both parties have legal rights to enter the real property used as the marital residence. The two types of property are important and distinct. Personal property is the household goods, furniture, vehicles, bank accounts,... View More

1 Answer | Asked in Divorce for Missouri on
Q: We are filing ourselves and uncontested, confused on how to list married children and who they “live with”
T. Augustus Claus
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answered on Jul 13, 2023

When completing the divorce forms, list the names of your married children and their spouses, specifying their living arrangements, such as whether they reside with you, their spouse, or at a separate address.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: What do I do if my ex spouse refuses to remove their name off the deed or mortgage of the home?

The home was awarded to me in the divorce. My ex spouse did not ask for any part of the equity in the home while filing the paperwork. Thank you!

T. Augustus Claus
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answered on Jul 12, 2023

In a situation where your ex-spouse refuses to remove their name from the deed or mortgage of the home awarded to you in the divorce, it's important to consult with a real estate attorney who specializes in divorce and property matters. They can review the details of your case, including the... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Before a divorce should I give a jointly owned car title to my estranged wife

It is in my safe deposit box and I think she wants to sell the car to pay her lawyer

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

Missouri is an "equitable distribution" state, which means that in a divorce, all marital property (that is, property acquired or increased during the marriage) is divided in a manner that the court finds fair and equitable. The court considers a range of factors, including each... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Q: will they garnish a maintenance payment for back owed child support?

IF a woman who refused to work to not pay chidsupport gets a Maintenance support Check, will that be garnished for previous back owed childsupport.

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

Under Missouri law, if a person fails to pay court-ordered child support, the state can enforce this obligation in several ways. One common method is income withholding, which can include wages, salaries, and other income like unemployment benefits, workman's compensation, and retirement... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Prenup question to waive alimony.., My fiance and I had agreed on this to replace alimony. Is this sufficient in prenup?

SUPPORT

10. In the event that there is a separation of the Parties, the following will occur regarding spousal

support: J.A.B. Jr. will pay spousal support to J.S. in the amount of a lump

sum of $55,000 cash on the condition that they were married for a minimum of five... View More

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

The binding effect of any provision in a prenuptial agreement, including one that purports to waive spousal support, depends on a variety of factors, not just the specific language used in the clause.

Under Missouri law, prenuptial agreements must meet certain criteria to be enforceable....
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2 Answers | Asked in Criminal Law, Divorce and Family Law for Missouri on
Q: I have very good reason to believe my wife is having an affair.

Would it be legal for me to put a voice recorder in her car. I am the legal owner,only my name is on the title.

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

As a general rule, Missouri's wiretapping law is a "one-party consent" law. Missouri law makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. See Mo. Rev. Stat. § 542.402.2(2)(3). So, if you... View More

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1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Already legally separated since 2019. We both are in agreement we would like the final divorce. How do we proceed?
Kristen Thurmond
Kristen Thurmond
answered on Feb 3, 2023

You state you are legally separated. If that means you have a judgment stating you are legally separated, then you simply need to file a motion to convert to a dissolution of marriage. You can have an attorney assist you or try to find forms on the self-representation portion of the Missouri courts... View More

1 Answer | Asked in Divorce for Missouri on
Q: My husband of 4 months cheated on me and has been seeing another women for at least 3 months. Annulment or divorce?
Steve D. Hardin
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Steve D. Hardin
answered on Jan 20, 2023

Divorce. The only practical difference in a divorce and annulment is that an annulment requires additional proof. An annulment is not going to be quicker or cheaper than a divorce either.

1 Answer | Asked in Divorce and Real Estate Law for Missouri on
Q: Ex wife still lives in our paid off home, how do I force the sale of the home to get my half of the property ?

Divorce decree said proceeds to be split upon sale of house but did not specify a sale date.

Anthony M. Avery
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answered on Nov 14, 2022

The most direct remedy is file an Action for a Sale For Partition.

1 Answer | Asked in Divorce, Business Formation and Business Law for Missouri on
Q: I need to sell off a one restaurant location operating under a single corporation (the same EIN) w 2 locations.

I own 3 restaurants (one of which my wife and I bought in 2014. The other two I had before we married). This 3rd restaurant operates under one of my original corporations formed in 2005, and she would like to buy me out (we are divorcing amicably) and I need the expertise to properly set her up... View More

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Jan 4, 2022

First of all, congratulations on working this out amicably. Dividing up these assets will involve at least one written agreement between the two of you, and should also include the formation of a legal entity by your wife, as you indicate. I strongly encourage you to seek legal counsel to assist... View More

1 Answer | Asked in Divorce, Real Estate Law and Civil Litigation for Missouri on
Q: Partner and I are done. Both share everything. She wants house. Do I get half of equity? Not married

Partner and I are separating. We share bank accounts and all bills. She wants to keep the house and I'm fine with that. But we have built equity and as far as I'm aware, I get 50 percent when my name comes off of it. Is this correct and if so, what's next? Thank you.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Dec 2, 2021

The answer depends on A) how you and your partner hold title to the property and/or B) how you and your partner agree, in writing, to split the proceeds of sale of the property. The answer should be covered by A. As long as you are both on title as owners of equal shares, you will split the equity... View More

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