Get free answers to your Family Law legal questions from lawyers in your area.
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?
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.
I have the defendants address and employer/employer address. It is unclear to me which forms to use for garnishment against their wages. Must I go back to court for garnishment or can I submit forms to the court office?
answered on Feb 15, 2024
Congratulations on getting a judgment. That's often the easy part, unfortunately. The court should have the forms online. You can do this yourself or if you want to increase the chance of doing it right and getting paid, hire an attorney either by the hour or on a percentage basis.
Her grandparents have custody but yet have not said anything tell she got back into Missouri then comes over and just yells through my door that she needs to go with them or else. We don’t know what to do but she is not mentally stable there and hates living with them. Her mom gave her promotion... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
In situations where there's a dispute over the custody or living arrangements of a minor, the legal custody order takes precedence. If the grandparents have legal custody of your friend, they generally have the right to decide where she lives until she reaches the age of majority, which is 18... View More
He will not talk to me about it or agree to anything but just wants me out. He purposely makes it uncomfortable for me here hoping I'll go. I'm disabled due to a stroke some years ago and it's very unsettling.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024
It's concerning that your husband is not willing to discuss visitation arrangements for your son and is pressuring you to leave the apartment. As a parent, you have rights regarding custody and visitation, and it's essential to advocate for your son's well-being and your own rights.... View More
background: Im 19 and my girlfriend is 17, we’ve been together since she was 15 and i was 17 and as soon as i turned 18 her dad died. her family life is rough and she wants to move in with me but her mom wont emancipate her or even let her get a job. (shes over controlling over what she does and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024
No, generally a 17-year-old cannot legally move out without parental consent unless they are emancipated. Some things to consider:
• In most states, a 17-year-old is still legally considered a minor, meaning parents/guardians are still legally responsible for care and residency decisions.... View More
My husband was declared disabled and since has regained cognitive functions, how do we get him his rights back and end conservatorship
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024
Here are the steps to end a conservatorship in Missouri when your husband has regained capacity:
1. File a Joint Petition for Termination of Conservatorship with the probate court that has jurisdiction over the conservatorship. This requests that the court terminate the conservatorship.... View More
I was provided with an attorney but they never filed any emotions on my behalf I was never allowed to call any witnesses or produce any evidence on my behalf. It's an attorney provided by the state and they have done absolutely nothing to help me in my case. They have denied me my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024
If you feel that your state-appointed attorney has not adequately represented you, you have the right to raise this concern. Ineffective assistance of counsel can be a serious issue, especially if it impacts your constitutional right to due process.
First, consider discussing your concerns... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024
In Missouri, as in many states, the age of majority is 18. This means that until you turn 18, you are considered a minor under the law, and your parents or legal guardians have certain rights and responsibilities regarding your care and custody.
If you choose to leave home before turning... View More
I'm now 43000 behind in child support.
Wht are my options
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
Child support obligations are typically determined by court orders based on factors such as income and financial circumstances. If you were previously ordered to pay child support and the obligation ceased when you got back together, it's crucial to understand that the court order remains in... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
could the 21 year old person have any sexual relations with someone of age 17 in Missouri without the possibility of legal repercussions
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2023
In Missouri, the age of consent is indeed 17. This means that individuals who are 17 years of age or older can legally consent to sexual activity. Therefore, a 21-year-old can legally engage in sexual relations with a 17-year-old without facing statutory rape charges, as the younger individual is... View More
i never knew i had this and was never given a chance to defend my self.i had been divorced for 17 yrs
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.
Hello. My husband is a disabled veteran and receives disability and he left me and the kids. Are the kids entitled to child support from his disability check ??
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 7, 2023
In cases of child support, a parent's income, including disability benefits, is typically considered when determining their child support obligations. If your husband is receiving disability benefits, these can be factored into the calculation for child support.
However, the specific... View More
I would like to file for emancipation but cannot get a job under my mother's rules because she is controlling and does not want me finding any way out of her custody. DFS supports this, and the caseworker does see the mental and emotional abuse but thinks that because my mother is the parent,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023
Your situation sounds incredibly difficult, and it's understandable that you're seeking a way to improve your circumstances. Emancipation is a legal process that can grant minors independence from their parents, but it does come with certain requirements and challenges, especially in your... View More
We have 2 children the court did not specify which would live tbere he lied and said he stayed there with the kids he does not..thefe are no active restraining orders. Im about to turn one in... I have not had a home per se since I was removed from my farm so could I list that as my residence for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023
In Missouri, if you co-own a property and there are no legal agreements or court orders preventing you from living there, you generally have the right to move into the property. This applies even if the other co-owner is not currently residing there. It’s important, however, to consider any... View More
Because my parents r not supportive or the nicest so is there anyway that legally in Missouri I can move out? If it helps at all I am adopted.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023
In Missouri, the legal age of majority, when you can decide where to live independently, is 18. However, given your circumstances, there are a few options you might consider.
Firstly, if you're facing an unsupportive or harmful environment at home, you could explore the option of... View More
My mom passed away in July of 2019 however she had 3 class lawsuits and they are now coming to be settled and I get these closing statements, and the lawyer's fees are up there. Ill just say that. Can lawyers just charge whatever on these cases? Just in case you need to know, I don't... View More
answered on Nov 17, 2023
For any class-wide settlement, the court must approve the award of attorney's fees and expenses. There is no universal maximum, but one-third of the settlement fund, plus reimbursement of out-of-pocket expenses, is common.
The property is not abandoned, but condemned with property owner knowledge, can be repaired and is being repaired. Police showed up to assist cps with a investigation of wanting to go inside of a home. The owner/tenant said no, the law enforcement and cps respected that and did not go in, then... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023
In general, law enforcement and government agencies like CPS require a warrant, consent, or exigent circumstances to legally enter and search a private residence. However, if a property is condemned, code enforcement officials may have the authority to enter the property for safety inspections.... View More
Wanting to know if law 475.120, (2000) applies to this separate unit of a nursing home where I am.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2023
No, Missouri law 475.120, RSMo (2000) does not apply to a behavioral health unit of a nursing home. The law specifically states that it applies to "all nursing homes in Missouri." A behavioral health unit of a nursing home is not a separate nursing home. It is a part of a nursing home... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
