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Missouri Divorce Questions & Answers
1 Answer | Asked in Divorce for Missouri on
Q: I am a Missouri resident needing a divorce but need to move right away to Oklahoma.

Iknow that I will forfeit our home, but can I still lay claim to half of his 401k and ask for maintaince? I am 57 yrs old and disabled. My husband has been having an affair for three years and has been hiding money while liquidating my valuables for bills. Mine are all gone now. I have nothing.... View More

Jennifer L. Rench
Jennifer L. Rench
answered on Aug 2, 2018

Residency is a factor in where you file your divorce, but a person doesn't forfeit marital property just by moving out of the marital home. In Missouri the court will set apart to each spouse such spouse's nonmarital property and will divide the marital property and marital debts... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: I.am married and have a 4yr old and my wife took my son and went to TX with a man and said he is the dad what can i do
Lydia Seifner
Lydia Seifner
answered on Jul 5, 2018

If the child was born in your marriage, you are the legal father and have equal rights to the child, even if you are not the biological father. You should talk to an attorney local to you as soon as possible about pursuing physical custody of your son as part of either a legal separation or a... View More

1 Answer | Asked in Divorce for Missouri on
Q: my daughter and her father bought a house before she married. Is now seperated(not legally). Husband moved her out and

and changed the locks. is this legal in Mo?

Lydia Seifner
Lydia Seifner
answered on May 31, 2018

Nope, the house belongs to her and her father, not her husband.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Motion for my attorney retainer fee to be paid by my husband hearing

My husband filed for divorce secretly without notice. He makes over 9k per month and his mother still paid for his attorneys. I have recently filed a motion to order my husband to pay the attorney retainer fee for me to get an attorney. The judge granted it and gave me 6 dates and said I need to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 28, 2018

If the opposing counsel won't communicate with you, you could send a draft notice of hearing and state that you will file it if you don't hear back within X days.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: how can i bet a ex parte cases
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 28, 2018

That's too general a question to answer. You prevail in court by convincing the judge you are right. If you hire an attorney you will increase your chance of success.

1 Answer | Asked in Divorce for Missouri on
Q: I haven't seen my husband in 7yrs after he cheated on me and had a kid can I get a cheap divorce and without him signing

I got married in July 09 and went to Mexico in Dec 2010 and when I had to come back to America for my fathers funeral in October 2011 he cheated on me and got her pregnant we split up and I haven't seen him in 7 years he has been deported 3 or 4 times and last I heard he was in Mexico can I... View More

Lydia Seifner
Lydia Seifner
answered on May 11, 2018

He doesn't need to sign, but he will need to be served. It sounds like he will have to be served via publication. Serving by publication is a little tricky and you will have to pay for the publication. Talk to an attorney local to you to assist you.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: What does it mean for a child to primarily reside in each parents custody?

Form 14 2c:1 . I was given credit for my youngest child staying with me primarily. His mom and I are together and we have been so for 7 years. Each year I claim him on my taxes. However, during a dispute with my oldest child’s mother; it was mention that I shouldn’t have gotten that credit. How... View More

Jennifer L. Rench
Jennifer L. Rench
answered on May 10, 2018

This is not as easy of a question to answer as it sounds. The Form 14 is one page, however there a is a 40-page document that accompanies this form titled "DIRECTIONS, COMMENTS FOR USE AND EXAMPLES FOR COMPLETION OF FORM NO. 14". There are also relevant cases in Missouri that specifically... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: How do we file a motion to suspend proceedings in our divorce? It is contested but no hearing dates are set yet. (MO)

How do we file a motion to suspend proceedings in our divorce? It is contested but no hearing dates are set yet. I am Pro See and my husband's lawyer just dropped him and we would like to suspend to see if we can work out our differences without withdrawing so he doesn't lose what money... View More

Kristen Thurmond
Kristen Thurmond
answered on May 7, 2018

The short answer is that the court does not have a "hold" option for matters. Hearings can be continued for good reason; however, if a judge hears that you're attempting reconciliation, he or she may dismiss the case and make you start over. You still have some time, though. Once... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Missouri on
Q: my ex has a child protective order against me for our child and he is keeping it in effect until i sign our divorce pape

is it illegal for him to do that? his divorce asks for full custody for him

Lydia Seifner
Lydia Seifner
answered on Apr 30, 2018

It is sneaky, but not illegal for him to do that, you will need an attorney ASAP to assist you getting the protection order dismissed, and fighting for your custodial rights.

1 Answer | Asked in Divorce for Missouri on
Q: My husband and I got into a car wreck and now we are getting a divorce. The settlement is on him am I owed anything ?

It was in my car that has been fixed. We haven't filed yet but will as soon as the money comes through. The insurance company wants me to sign off also so I won't come back on them. Independence Mo.

Lydia Seifner
Lydia Seifner
answered on Apr 20, 2018

The settlement will be for the marriage, therefore half the settlement will belong to you.

1 Answer | Asked in Family Law and Divorce for Missouri on
Q: I filed a petition for dissolution of marriage,no kids,uncontested.If we get a court date and hes a no show what happen
Lydia Seifner
Lydia Seifner
answered on Apr 12, 2018

If he doesn't show, and he was given proper notice about the court date, then you will receive a default judgment.

1 Answer | Asked in Divorce and Foreclosure for Missouri on
Q: How can my son get his ex wife to help pay a mortgage she let go into default?

She caused them to divorce by letting their mortgage go for 6 months causing it to go into default! She also spent their money an an adult website called Ashley Madison something! They have joint custody of their son, but my son has him 5 days or more out of the week! Their bank forclosed on... View More

Lydia Seifner
Lydia Seifner
answered on Apr 12, 2018

If the divorce degree required her to help him with the mortgage, or to reimburse him for the outstanding debt, then your son can seek a motion for contempt, and demonstrate to the court that she has not paid what she has owed. Have your son speak to an attorney.

1 Answer | Asked in Divorce, Family Law and Child Custody for Missouri on
Q: Is there a specific form for this and anything else I should include?

I am Pro Se but not by choice. I am going to file an ex parte Show Cause to ask the courts to order my husband to pay for a retainer fee for a lawyer for me to even out the fairness a bit more because they are taking extreme advantage of me. I meet more than enough stipulations and he makes close... View More

Janet Sanders
Janet Sanders
answered on Apr 25, 2018

A Show Cause Order is granted upon a Motion for Contempt which must be personally served on the other party. You should file a Motion for a Temporary Order pursuant to 452.315 RSMo. 2016 and request child support, maintenance as well as attorney's fees and costs to be incurred. You should... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law, Child Custody and Legal Malpractice for Missouri on
Q: Did the lawyer commit forgery with my signature or not?

I am Pro Se but not by choice.

Is a "Temporary Order" and a " Stipulated Order" the same thing? I had prematurely signed the stipulated paper while we were making corrections while waiting to see the judge at the Temporary custody hearing that my husband never showed up... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 4, 2018

A Stipulated Order means an order that the parties stipulate or agree to. A Temporary Order is not a final order.

No one should make an unauthorized signature.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Lawyer ignored requests for extension to respond to discovery. 30 days is up now so what do I need to do now?

BEFORE my 30 day deadline was up I emailed the attorney asking for an extension to get what they are requesting. I ended up emailing her 3 times and my husband even emailed her asking on my behalf. He also left 3 messages the prior week for her. She had ignored it ALL and sent me a demand letter... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 4, 2018

Your options are to do nothing (not a good option) or file a motion seeking an extension of time, even though the deadline has passed.

1 Answer | Asked in Child Custody, Child Support, Contracts and Divorce for Missouri on
Q: Should I sign an agreement that my husband and I came up with on our own including custody, visitation, spousal support,

We are supposed to have it notarized and I'm afraid because of the position I am in.

Lydia Seifner
Lydia Seifner
answered on Apr 3, 2018

If you are concerned about the agreement, talk to a local family attorney and ask them to look it over for you. Never sign something you aren't sure about.

1 Answer | Asked in Divorce for Missouri on
Q: I just moved to Missouri 3 weeks ago, and my husband lives in Tennessee. Can I file for divorce?
Lydia Seifner
Lydia Seifner
answered on Apr 2, 2018

You can file in Missouri if you intend to remain here, however if your husband has no real contacts with Missouri, he can contest the jurisdiction. And if you have children together, the state where the child have been for the previous six months retains jurisdiction. Your best bet may be to file... View More

2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Missouri on
Q: filed a false report out of anger

caught my husband cheating called cops said he hit me but he didnt and they wont listen his first courtdate is tommoro what should i do i have a witness that says he didnt hit me should i go to court??

Lydia Seifner
Lydia Seifner
answered on Mar 27, 2018

You should go to court and admit that you lied; they'll dismiss it.

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1 Answer | Asked in Divorce and Child Custody for Missouri on
Q: How much time can I ask for in my extension for responding to requests and production?

I am pro se going through a very rough divorce with a narcissist. I has hit with requests for interrogatories, statement of assets and debts, income and expense statements, request for productions and things. I was also hit at the same time for mediation. I did not even realize what the... View More

Lydia Seifner
Lydia Seifner
answered on Mar 26, 2018

Extensions typically go for 30 days; if there is a lot for you to do and your disability gets in the way, ask for 60 days.

1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Q: What can i do if im charged child support before i was served the divorce papers and if im not the natural father.

I adopted my son at 5 yrs old he is 12 now. I have near to zero income and cant pay child support. What can i do to get it lowered or taken out completely.

Lydia Seifner
Lydia Seifner
answered on Mar 26, 2018

It doesn't matter if you are the natural father, if you adopted the child; you are now the legal father. If you have no income to provide for child support, child support enforcement will be asking for your income to calculate your obligation amount, ask them for an appeal and submit an... View More

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