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Missouri Divorce Questions & Answers
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
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
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
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
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
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

many more in adition to jan reports

Ronald J. Eisenberg
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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2 Answers | Asked in Bankruptcy, Divorce and Family Law for Missouri on
Q: can you file bankruptcy on debt you agree to be responsible for in a divorce settlement?

My soon to be ex-spouse filed bankruptcy during our divorce, and I need to know if it would be better to wait until court for the judge to decide on who is responsible for what debts

Kristen Thurmond
Kristen Thurmond answered on Aug 12, 2019

If there is a divorce petition filed, then a judge cannot divide assets and debts while there is a pending bankruptcy. You need to immediately notify the court handling the divorce and bankruptcy of the other proceedings happening. You also need to be consulting with an attorney on how to handle... Read more »

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1 Answer | Asked in Divorce for Missouri on
Q: What happens in Missouri if both parties dont show up to a divorce hearing?
Lydia Seifner
Lydia Seifner answered on Aug 12, 2019

If neither party shows up, the case won't be heard. Depending on the judge and the jurisdiction, it will likely either be passed to another court date, or dismissed for a failure to prosecute. If you are purposely refusing to show up so you won't become divorced, you can always show up... Read more »

1 Answer | Asked in Child Support and Divorce for Missouri on
Q: Do all aspects of divorce settlement end when child turns 21?

My son turns 21 in a few weeks and will still be attending college in the fall. I am 100% responsible for health insurance and 60% responsible for college costs. The settlement says neither parent shall be responsible for college costs for more than 8 semesters but doesn't say I am... Read more »

Lydia Seifner
Lydia Seifner answered on Aug 12, 2019

When he turns 21 you are no longer financially responsible for him. You may stop paying for college costs and health insurance if necessary.

1 Answer | Asked in Divorce, Family Law, Immigration Law and International Law for Missouri on
Q: I and our 3 kids are dual UK-USA citizens. My wife is USA only. Can kids move to UK with me? If wife wishes to remain...

There's a little disharmony in paradise. Wife wishes to remain in USA (being only a US citizen) and is a stay-home Mom; she has not been employed in over 15 years. I am the sole income. I and all kids wish to move back to England. Kids were born in USA but are all naturalized as UK citizens... Read more »

Lydia Seifner
Lydia Seifner answered on Aug 12, 2019

You both have equal rights to the children; so the children may move to the UK with you, but she can also submit a court action to have them returned if she disagrees. Talk to an attorney in the jurisdiction where your family lives to discuss your options.

1 Answer | Asked in Divorce for Missouri on
Q: Can a divorce be undone when only one party was present in the proceeding and the petitioner suffers from mental illness

Manic depression since 18, unmedicated and reacted impulsively in a manic state resulted in divorce. Both parties had no real property to divide and regret the divorce. Have reconcilled and need the divorce undone. Can it happen and how

Lydia Seifner
Lydia Seifner answered on Aug 12, 2019

If the judgment for a divorce was less than 30 days ago, then you can have the divorce set aside. You will need an attorney to assist you. If it has been more than 30 days, then you will need to get remarried.

1 Answer | Asked in Child Custody and Divorce for Missouri on
Q: What steps do I need to take to start the divorce?

We have A two year old son, and the reason for the divorce is him committing adultery. We are both residing in two different states.

Lydia Seifner
Lydia Seifner answered on Aug 12, 2019

The first step in the divorce process if figuring out what you want in the divorce, and what you expect your life to look like after the divorce. Then you file a petition for divorce, along with a proposed parenting plan, with the court and make sure he gets served with a copy of the petition.... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Missouri on
Q: Custodial parent will not terminate CS even though child lives with us. Do we have options?

Our daughter, 17, moved in with us 4 months ago. We have paid for everything bc she refuses to help. She took away her car and phone which we have had to replace. We are paying large sums in CS and in arrears. She won’t pay for anything and refuses to terminate. And has never wanted our help (as... Read more »

Jennifer L. Rench
Jennifer L. Rench answered on Jul 19, 2019

To clarify, I am going to assume that the "we" you are referring to is the child's father and maybe his now significant other? While I prefer Mom and Dad to be able to recognize that there is an issue that needs to be resolved and be able to work out the best way to resolve it by... Read more »

1 Answer | Asked in Divorce for Missouri on
Q: Can my spouse take my child during a divorce without getting into any trouble

Going through a divorce, spouse is unstable but threatens occassionally to come take my child. When he has not provided for them in years

Lydia Seifner
Lydia Seifner answered on Jul 11, 2019

Until the court grants custody to one of you or the other, both parent have equal access to the children. If you want to keep him from taking the children then you need to talk to an attorney local to you, and seek temporary custody as soon as possible.

2 Answers | Asked in Divorce, Federal Crimes and Bankruptcy for Missouri on
Q: My husband and I are separated we agree on the divorce details but now he is facing criminal charges I will not be able

I will not be able to pay our debts if he goes to jail should we file bankruptcy before divorce? While he is dealing with his criminal charges?

Gary Kollin
Gary Kollin answered on Jul 7, 2019

Without knowing your debts, no attorney can answer intelligently.


Consult directly with a bankruptcy lawyer

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