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Missouri Divorce Questions & Answers
1 Answer | Asked in Divorce for Missouri on
Q: What form or motion do I file in MISSOURI to have my husband ordered to pay for a divorce attorney for myself?

What form or motion do I need to file in the state of Missouri to have my husband ordered to pay for an attorney for myself. I seem to meet just about every if not all of the special circumstances. He is the petitioner and has his own lawyer and I know they are taking advantage of me as I am... View More

Lydia Seifner
Lydia Seifner
answered on Mar 12, 2018

You could ask the court to award temporary maintenance and attorneys fees. But the court usually doesn't award attorney's fees until the end of the case to reimburse that asking party for fees already spent. It is uncommon for a court to award fees upfront. Many attorneys take... View More

1 Answer | Asked in Divorce for Missouri on
Q: My grandma has had to come stay with us and we were wanting to know how a divorce would work with her and her husband??

They are both elderly and he just recently gave his son $70,000 out of his account. He has always refused to have a joint account with her. They own their house free and clear and we just wanna know what my grandma is entitled to in a divorce.

Lydia Seifner
Lydia Seifner
answered on Mar 12, 2018

There is not enough information here about what property your grandparents own and when it was acquired to be able to adequately answer a question about property distribution. Your grandmother should speak to a family attorney local to her to discuss her marital and sole assets.

1 Answer | Asked in Child Custody and Divorce for Missouri on
Q: Can father keep children from mother with no court orders. Just divorce filed.

The children remained with him because of school. Mother moved out of school district. Father is restricting mother visitation. Says when she can see them. Sets up a time and then he takes them. Says she did not call before she came. Two family functions coming up and father is saying will get back... View More

Lydia Seifner
Lydia Seifner
answered on Mar 7, 2018

In a divorce, each parent has equal access and rights to the children until a court says otherwise. If there have been no orders for custody and parenting time issued by the court, mom can see the kids whenever she wants.

1 Answer | Asked in Divorce, Family Law and Child Custody for Missouri on
Q: Hello, I am 16 almost 17 and was curious do I need to get a job or what are the requirements to get emancipated.
Lydia Seifner
Lydia Seifner
answered on Mar 7, 2018

Yes, being self-supporting is a requirement for emancipation. Then you will need to file a petition with the court to be considered emancipated by the court. You can also join the military or get married to be considered emancipated.

Talk to a family attorney close to you about the...
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1 Answer | Asked in Divorce and Child Custody for Missouri on
Q: It has been since June 1st 2017 that my husband and I have been together. He was having an affair on me.

I found out, and called it off. About a month afterwards, he was charged with Enticement of a Child. And Hareasment, on an 11 year old neighbor. He then started dating another woman, and has gotten her pregnant. At first we were being civil with the children. One is his step son, ( but doesnt know... View More

Lydia Seifner
Lydia Seifner
answered on Mar 6, 2018

Until a court says otherwise, you both have equal access and rights to the children. The rule of law is "best interests of the child", it will depend upon the local rules of your jurisdiction a bit, but generally courts will believe joint custody is in the best interests of the child... View More

1 Answer | Asked in Divorce and Child Custody for Missouri on
Q: Does being unfaithful have a bearing on child custody? If so, are both unfaithful parties summoned to court?
Lydia Seifner
Lydia Seifner
answered on Mar 5, 2018

Adultery has no effect on child custody.

1 Answer | Asked in Divorce for Missouri on
Q: How can I make my ex husband get my name off the loan for the house that we had together? He's refused torefinance/sell

We've been divorced for 10 years, I went back to my original lawyer after the divorce and told him the situation about my ex not getting my name off the house loan (it was part of the divorce that he stay in the house but needed to sell or refinance). He said I could hold him in contempt of... View More

Lydia Seifner
Lydia Seifner
answered on Mar 5, 2018

The motion for contempt really is your best option. At the beginning, the court would only have been able to scold him about refinancing, and it really would have been a slap on the wrists. However, now if you have had to make any of the payments or had your credit adversely affected, you could... View More

1 Answer | Asked in Child Support, Divorce, Family Law and Tax Law for Missouri on
Q: If the receiving parent refuses to work (legally) & doesn't file taxes, what can the paying parent do ?

My husband makes good money, but his ex wife refuses to hold down a real job. She hasn't filed her taxes either, claiming "She doesn't work". This of course throws the income levels off balance and she is fighting for more child support. One child has aged out and it is time to... View More

Janet Sanders
Janet Sanders
answered on Apr 25, 2018

Father may introduce proof the Mother is employed. He may also request the Court impute an income to her based upon her earning capacity. This is not the amount she earns; it is the amount she could earn if she did work. This determination takes into consideration her education, licenses,... View More

1 Answer | Asked in Divorce for Missouri on
Q: husband asked for divorce, wants me to move out. He has rented our downstairs and I am living here. Can he do that?

He has not been living in the home for 3 weeks and was supposed to give me time to get a fence built so I can take my dogs with me. Now he is threatening to move them in while I still live here. We went through this a couple of years ago and when I left he took some of my property and also... View More

Lydia Seifner
Lydia Seifner
answered on Feb 18, 2018

Until the property is divided by the court, you each have equal rights to the property. Talk to a family attorney local to you about seeking temporary division of the property while your divorce is pending.

1 Answer | Asked in Child Custody and Divorce for Missouri on
Q: Do you deal with divorce and child custody from this state to another?
Lydia Seifner
Lydia Seifner
answered on Feb 15, 2018

It is unclear what you are asking.

You can submit to the jurisdiction of any state to start a petition for divorce. However, if the Respondent does not have any real contacts with that state, they can have the action removed to wherever they live or the state both parties lived in for...
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1 Answer | Asked in Divorce for Missouri on
Q: Married 2012 bought house in 2007 filed bankruptcy in 2013. Do I have to pay equity to husband if I walk away
Lydia Seifner
Lydia Seifner
answered on Feb 14, 2018

If you bought a house before you married, the house is your property. If you refinanced at any point and/or added his name to the title, then it is technically joint property. If he has contributed to a mortgage or repairs in any way, he may be entitled to be compensated for his contribution to... View More

1 Answer | Asked in Divorce for Missouri on
Q: I was petitioner on divorce papers just because my husband wanted divorce I never did but filed anyway can I stop it

Court is tomorrow I don't want divorce

Lydia Seifner
Lydia Seifner
answered on Jan 31, 2018

Tell the judge tomorrow you would like to a continuance to give the two of you a chance to reconcile. There must be "irreconcilable differences" to qualify for a divorce. If you husband really wants a divorce, the judge won't let the two of you stay together, however if there is a... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Missouri on
Q: So I got remarried to the same guy i had an child support and custody agrrement with

Been married for a year things have not gotteb any better. He never called and said we got married should i have been paying for child support and is our previous agreement still in place if we call it quits... And can he use stuff against me from our previous married/ divorce?

Lydia Seifner
Lydia Seifner
answered on Jan 30, 2018

You should not have been paying child support if you were living together. However, your previous agreement would be in place should you separate, but all things considered you should definitely talk to an attorney local to you for a modification as thing have significantly changed between you two.... View More

1 Answer | Asked in Divorce for Missouri on
Q: Uncontested divorce with another child.

I am filling out an uncontested divorce now. The divorce has one child that belongs to the husband and one after we were separated by the man i am now with. Can i have them sign in agreement the paternity being of another father to my second child or does that have to be another separate case than... View More

Jennifer L. Rench
Jennifer L. Rench
answered on Jan 29, 2018

Missouri law says husband is the presumed father, so around here the courts require you to file a separate paternity case to determine that there is not a father-child relationship between husband and child. I highly suggest you consult with an attorney.

1 Answer | Asked in Family Law, Child Custody and Divorce for Missouri on
Q: I got pregnant while married with another man's child . My husband signed the birth certificate.

We are going through a divorce can I refuse to give him visitation. Or take home off the birth certificate?

Lydia Seifner
Lydia Seifner
answered on Jan 27, 2018

There is a presumption in marriage of paternity. So he is the legal father and may have parenting time with the child until a court says otherwise. You will have to establish in court that his not the biological father before visitation can be denied or the birth certificate altered.

1 Answer | Asked in Divorce, Estate Planning, Real Estate Law and Tax Law for Missouri on
Q: What is considered Community Property given this information. Please include tax law and any legal code in your answer.

Primary states involved: Arizona, Missouri

Man: Resident of Arizona

Woman: Resident of Maryland

Woman: Employed in the state of Missouri, owns house in Missouri where she lives (currently domiciled)

Couple: Domicile in Missouri

Marriage License and... View More

Jennifer L. Rench
Jennifer L. Rench
answered on Jan 29, 2018

I see that nobody has answered your question, but I am going to attempt to give you some information.

I am not entirely sure from the question what your mean when you say "community property", but Missouri isn't what is legally known to be a community property state so we...
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1 Answer | Asked in Divorce for Missouri on
Q: Preparing to Separate. Married 38 years. Primary breadwinner. Husband retired military, chooses not to work.

I don't want home. I don't want his retirement. I don't want to pay support or lose my retirement. How do I proceed?

Jennifer L. Rench
Jennifer L. Rench
answered on Jan 12, 2018

This issues in a divorce and legal separation can be categorized into assets, debts, maintenance (or alimony) if it applies, and child support and custody if you have minor children. There is a good way to approach resolving these issues, and there are not so good ways. Litigation can be very... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Missouri on
Q: My grandchildren​ are in ICU due to my son in law driving drunk with kids in the car. He's not in jail. What can we do?

He showed up at the hospital where the kids were life flighted too. My daughter is scared but pretending that things are fine. He intentionally harmed them, and now pretends he doesn't remember anything.

Peter N. Munsing
Peter N. Munsing
answered on Jan 3, 2018

I'm assuming he was charged by the police. It is a mandatory reportable in that case, so I'd assume he reported it.

There is an outside possibility, in addition to the claim against his insurance, that there is a claim for crashworthiness depending on the circumstances. Contact a...
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1 Answer | Asked in Divorce and Real Estate Law for Missouri on
Q: Can I sell my ex’s house in Missouri if it is in his name? We are divorced and both pay half the utilities and morgage.

No one lives in the house. We both work out of the Country

Jennifer L. Rench
Jennifer L. Rench
answered on Jan 12, 2018

Your rights to the real estate and any obligations you may have to pay utilities and the mortgage should have been determined in your divorce Judgment. Generally, you cannot sell property that is not in your name. However, you may have been granted rights to have a say in the sale of the real... View More

1 Answer | Asked in Divorce and Child Support for Missouri on
Q: 1 month long marriage. Now she's fighting for child support

The child isn't mine and had it before we got married. I'm military. She is fighting for child support and neglect, even though they only lived with me for a month in texas before moving back home. I didn't adopt the child nor put my name on the birth certificate. Do I have an... View More

Jennifer L. Rench
Jennifer L. Rench
answered on Jan 12, 2018

Only a legal father has an obligation to pay child support. Under the laws of Missouri, since the child was born prior to the marriage and you are not on the birth certificate (and I assume you have not been found to be the biological father of this child), you are not the presumed father or the... View More

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