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Missouri Divorce Questions & Answers
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... Read 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... Read 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... Read more »

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Which parent is responsible for school morning drop off in this scenario?

One day a week, the father picks up children in the evening and drives them to his home about one hour away. The next morning, he wants me to pick them up from his home one hour away, take them to school one hour away from there, then I have to drive about one hour to work. Court order says his... Read more »

Spencer Williams
Spencer Williams
answered on Nov 5, 2021

From the description you would be the receiving parent. All the time in a given day needs to be accounted for between each parent (the school is not a custodian of your child) so as the start of school or as of 8:00 am the children are back in your custody. A common discussion is if a child gets... Read more »

1 Answer | Asked in Divorce for Missouri on
Q: i coach both my sons soccer. my ex says next year no sports. we have 50/50 custody boys are A+ students.

the boys are 11 and 7. excellent students and happy at both of our houses. When I told my oldest . he was so upset and thought he did something to cause this, when his mother just randomly pulls this out of her hat and I know its to hurt me because i have been their coach for 5 years. Our team is... Read more »

Steve D. Hardin
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Steve D. Hardin
answered on Oct 19, 2021

To answer your question an attorney will have to review the parenting plan in your case. Every parenting plan can be different so there is no way we can tell without reviewing the documents in question.

1 Answer | Asked in Real Estate Law and Divorce for Missouri on
Q: From Missouri…Does my ex have to split a mortgage company refund check made out to him only? More info below…

My ex & I are recently divorced. We sold our home, it was financed in his name only but titled in both. Do we split a refund check from the mortgage company made out to him only? I certainly hope so because my income was used the whole time to make the mortgage payment. Please advise, I... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
answered on Sep 24, 2021

There is no general rule in real estate pertaining to this situation. This issue should have been addressed in your asset split in the divorce. Your family law attorney should be able to answer this question, or the answer should be in your marital settlement agreement.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Missouri on
Q: In Missouri, is a pentente lite the same as a pendente lite?
Spencer Williams
Spencer Williams
answered on Jul 30, 2021

A motion pendente lite is latin for "pending the litigation". The motion requests orders while a case is pending such as custody, visitation, child support or maintenance orders in divorce litigation. Pendente lite motions are often abbreviated as "PDL". Those temporary... Read more »

1 Answer | Asked in Divorce for Missouri on
Q: If a GAL is appointed, Can a new GAL be requested?

Unfortunately during temporary custody our GAL explained that he would be reaching out to the supervisor, and letting the supervisor know that he would be supervising the children during dad‘s visits. He was also to inspect the home making sure that it was a safe place for the children to go.... Read more »

Caroline Bundy
Caroline Bundy
answered on Jun 14, 2021

You can request there be a change, but it can be quite difficult to have them removed.

1 Answer | Asked in Divorce, Real Estate Law and Banking for Missouri on
Q: I purchased a house in 2010 in my name only I was married about three years does she get half

I’m Refinancing with cash out for debt consolidation Lender says she may have to sign some form is this necessary in Missouri

Keya Reed
Keya Reed
answered on Jun 5, 2021

If the hour was bought during the marriage with marital funds, your spouse is entitled to an equitable distribution of that property.

1 Answer | Asked in Divorce and Child Custody for Missouri on
Q: I actually have 2 questions, but first why would my atty.not ever allow me in the court room?

My atty. My soon to be ex's atty. My spouse and G. A. l. are all present and my atty. Doesn't even tell me that court has started! I'm left in the hall!

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on May 22, 2021

You should ask your attorney because your attorney knows the answer.

I’m merely guessing. Perhaps the attorney didn’t want you there because you could have been called to testify. Perhaps the hearing was. It an evidentiary hearing.

1 Answer | Asked in Bankruptcy, Divorce and Family Law for Missouri on
Q: Spouse has filed for divorce in NM, I live in MO. I recently had a stroke, any services willing to represent me?

Had a stroke on Feb1st. Spouse filed for divorce in NM. No representation, and not sure if I will ever work again. Would love to have some kind of representation as I am already having a hard time grasping an understanding due to the stroke.

Caroline Bundy
Caroline Bundy
answered on Apr 1, 2021

You could seek to have the venue changed to Missouri, depending on your mobility and where the marriage was filed, etc. I would speak to a family law attorney near you and see if they can offer more guidance on the specifics of your case.

1 Answer | Asked in Tax Law, Divorce and Family Law for Missouri on
Q: My wife and I filed joint and married on our taxes. We have been separated and she wants to keep all of refund

I have been employed full-time where she has only worked last few months of 2020 as she took custody of my step grandson. I thought 50/50 was fair

Caroline Bundy
Caroline Bundy
answered on Feb 3, 2021

You would be entitled to a division of that return, yes.

1 Answer | Asked in Child Custody and Divorce for Missouri on
Q: how do i file for full custody and terminate his rights in missouri?

My childs father and i have been separated since 2013 he paid child support for a year or so then left the state and has not helped or seen her in the past 6 months. I august she called him for her birthday. hasn't heard from him since.

Steve D. Hardin
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Steve D. Hardin
answered on Feb 1, 2021

The best way to modify custody would be to hire an attorney to help. Family law cases are not generally self help projects. I should note that while the court may be willing to give you sole legal and sole physical custody it will not absent serious abuse or neglect give terminate his parental... Read more »

1 Answer | Asked in Divorce for Missouri on
Q: My wife has filed for divorce and I’m unemployed and a student. I have no money of my own. I don’t know what to do.

We bought our house together when we were married. What rights do I have?

Caroline Bundy
Caroline Bundy
answered on Jan 27, 2021

You are entitled to an equitable division of the assets, like your house. In civil law, you have no constitutional right to an attorney, so I would do your best to save up for an attorney to help you in the matter. Your divorce should be simpler if you do not have kids. There are also legal aid... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Missouri on
Q: Who is the custodial parent?

We did a Pro Se divorce in Missouri earlier this year. We have joint physical and legal custody. The kids are with me 1 week and him the next. The address for school and as their residents is mine. So I am wondering who is considered the custodial parent those words are not used in the divorce... Read more »

Caroline Bundy
Caroline Bundy
answered on Jan 6, 2021

Correct, states like Missouri and Kansas don't list a parent as the "custodial" parent; they say that one parent's residence will be used for mailing and educational purposes. Neither parent is the custodial parent since you have joint legal and physical custody, but there is... Read more »

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Can i charge my son's mom with pernital kidnapping for moving him out of state without telling me
Steve D. Hardin
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Steve D. Hardin
answered on Oct 23, 2020

There is not nearly enough information in your question to give you a good answer. First of all "charge" would indicate a criminal charge and only a prosecuting attorney can file charges on anyone. You may be able to file a police report but the prosecutor would make the charging... Read more »

1 Answer | Asked in Divorce and Domestic Violence for Missouri on
Q: St. louis county MO. Married 12yrs have 2 kids, want divorce from husband. Husband is abusive, he lost job 6yrs ago.

I am sole provider for family and house is in my name. I want to leave and rent a safe place but cant pay for both places. Husband refuses to work he has no income. Can I sign a lease and leave family house while married if I fear he will hurt me? Am I legally obligated to support him until we... Read more »

Steve D. Hardin
PREMIUM
Steve D. Hardin
answered on Oct 1, 2020

Please speak to a local family law attorney. More details about the abuse and you situation will be needed to give you a good answer. For instance an order of protection might be in your best interest even if you leave the current home.

1 Answer | Asked in Child Custody and Divorce for Missouri on
Q: We are married but separated (Missouri). Can he keep me from seeing my kid until we finish custody agreement??

He's had our son for a month without letting me have any sort of contact with him(he's 1) I haven't gotten any updates. My husband told me he moved 45 miles away from me but gave me no address. I've tried calling him and his family multiple times with no answer from anyone. Can... Read more »

Neil Smith
Neil Smith
answered on Jun 2, 2020

Is your case pending? If so, he may have violated a local rule by relocating without providing you an address. If your case is pending you can file a temporary/PDL motion to get custody while your case is pending.

1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Q: If child support amount is set in divorce decree can it be changed over the years???

Also, if you live in a different state then the child which states laws do you follow??? If you have it in your divorce decree to inform the other parent of moving to a different state with the child and fail to do that what legal action may the NCP take???

Kristen Thurmond
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Kristen Thurmond
answered on Feb 20, 2020

Child support can be changed any time there is a change in circumstances that effects overnights, health insurance, income of the parties, and other factors resulting in at least a 20% change or a change in who pays.

Relocation is a separate issue, though someone relocating can effect the...
Read more »

1 Answer | Asked in Divorce for Missouri on
Q: Can a motion to compel a judge to sign a divorce decree be filed? See below additional info.

I would like to know if the plaintiff/petitioner in an uncontested divorce with no children and no property division between both parties can file a motion to compel the court to render a judgment and sign a divorce decree when that judge has far surpassed the thirty(30) days from the time of... Read more »

Kristen Thurmond
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Kristen Thurmond
answered on Feb 20, 2020

Based on your city being Grandview, MO, I am going to assume you are in Jackson County, MO. They have a specific docket for uncontested cases and you need to send in a proposed judgment. If you have an attorney, they will have done this. If you do not have an attorney, you need to do it. There are... Read more »

2 Answers | Asked in Criminal Law, Divorce, Family Law and Appeals / Appellate Law for Missouri on
Q: WAY TO MUCH FORUM WONT ALLOW

many more in adition to jan reports

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 26, 2019

Please clarify your question. I have not idea what you mean by "jan reports."

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