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Missouri Divorce Questions & Answers
2 Answers | Asked in Divorce and Probate for Missouri on
Q: Does an ex-wife still qualify for pension money after ex-husband's passing according to divorce decree?

My husband just passed away. In his divorce decree, his ex-wife was awarded pension money. There is no specific mention in the decree about any changes to this entitlement upon his passing. Does his ex-wife still qualify for that pension money under these circumstances?

Jennifer L. Rench
Jennifer L. Rench
answered on Mar 18, 2025

The divorce Judgment and the pension plan rules are going to dictate the rights of the ex-wife. There is really no way to tell without reading both. Generally in a divorce, a pension payment is a division of property. This is different than a maintenance (alimony) payment that terminates at the... View More

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1 Answer | Asked in Divorce, Tax Law and Gov & Administrative Law for Missouri on
Q: How do i renew my tags and pay for just the taxes on my vehicle when my wifes vehicle is on the bill and our divorce is

Still not final. Please help my tags are expired. I live in Arkansas

James L. Arrasmith
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answered on Jan 13, 2024

To renew your vehicle tags and pay only the taxes on your vehicle while your divorce is still pending, you should follow these steps:

1. Contact your local DMV: Reach out to the Arkansas Department of Motor Vehicles or the relevant local agency responsible for vehicle registration to...
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1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Can a divorce judgment be set aside, or retrial for excusable neglect based on Federal Rule 60

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.

James L. Arrasmith
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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...
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1 Answer | Asked in Family Law and Divorce for Missouri on
Q: Can a divorce filing be thrown off docket if not pursued after 3 yrs. Are the initial court orders then dissolved?

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody, Divorce, Domestic Violence, Criminal Law and Family Law for Missouri on
Q: Can my daughter leave Michigan, move to Missouri with her child, and file for divorce there?

My daughter currently lives in Michigan and wants to leave her husband and move to Missouri with her 18-month-old son to be near us. Her husband was arrested for criminal sexual conduct with a minor under 16, and there will be protection orders against him. There are no custody arrangements in... View More

James L. Arrasmith
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answered on May 15, 2025

I'm really sorry your daughter is going through this. Her safety and her child’s well-being are the top priority, and it’s understandable that she wants to move closer to family for support. You're doing the right thing by asking these questions before taking action, especially when... View More

1 Answer | Asked in Divorce, Probate, Real Estate Law and Family Law for Missouri on
Q: Ex-wife passed away, want to reclaim house; steps for property transfer without a will?

I got divorced in 2018 in Missouri and signed a quitclaim deed on our house as part of the settlement. I paid off the mortgage, and my ex-wife took full ownership and responsibility for the house. I now live in Washington state. My ex-wife passed away recently without a will, and her only surviving... View More

James L. Arrasmith
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answered on May 15, 2025

First, you’ll need to confirm whether your name was fully removed from the property’s title after the 2018 divorce. Contact the recorder of deeds in the Missouri county where the home is located and request a copy of the most recent deed. If your name is no longer listed, then your ex-wife held... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Missouri on
Q: Entitlement to inherited property during divorce in Missouri.

About four years ago, my wife inherited property from her dad. We are now separated, but not yet divorced. Am I entitled to any portion of this inherited property in our divorce proceedings in Missouri?

James L. Arrasmith
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answered on May 15, 2025

In Missouri, inherited property is generally considered separate property, which means it typically belongs only to the spouse who inherited it. If your wife inherited the property solely in her name and kept it separate from marital finances or assets, you likely won't have a claim to it... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Can I enforce my spouse to revert back to her maiden name in divorce in Missouri?

In my family, names hold a strong significance in relation to marriage and the family it creates. My spouse wants a divorce, which I see as her choosing to leave that family unit. I would like her to revert to her maiden name upon divorce due to its association with our marriage. Although... View More

James L. Arrasmith
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answered on May 15, 2025

It's understandable that you feel strongly about the significance of your family name and how it relates to your marriage. When a relationship ends, emotions and values tied to things like names can feel even more heightened. However, in Missouri, the choice to keep or change a last name after... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Missouri on
Q: Can morality or romantic partner clauses be added to a divorce agreement in Missouri?

Can morality and/or romantic partner clauses be included in a divorce agreement in Missouri? I want to ensure a stable environment for my children, ages 9 and 8, who struggle with change and grief. My spouse previously had a short-lived emotional affair and has been influenced by friends quickly... View More

James L. Arrasmith
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answered on May 15, 2025

Yes, morality clauses—often referred to as "romantic partner clauses"—can be added to divorce agreements in Missouri. These clauses typically limit a parent from having romantic partners stay overnight while the children are present or from introducing new relationships to the... View More

1 Answer | Asked in Divorce and Gov & Administrative Law for Missouri on
Q: Reverting to maiden name on ID and passport post-divorce.

I need help reverting to my maiden name on my state ID and passport for travel. Currently, my state ID includes both my maiden and married names because we had a joint checking account, but I closed it three months later and now only use my maiden name in all my personal records. When I applied for... View More

James L. Arrasmith
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answered on Apr 13, 2025

To revert to your maiden name on your state ID and passport, you will likely need to provide additional documentation. Since your divorce decree doesn't mention the name change, you may need to file a petition with the court in the county where your divorce was finalized. This petition will... View More

1 Answer | Asked in Divorce, Civil Rights and Gov & Administrative Law for Missouri on
Q: How can I address issues from my November divorce trial without representation and lack of trial notification in Missouri?

I went through a divorce trial in November without legal representation because I couldn't afford the lawyer I initially secured. Although I requested additional time to hire a lawyer, my requests were denied. Additionally, the date and time of my divorce trial were changed without any... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation with the divorce trial in Missouri raises serious procedural concerns that might warrant legal review. You may have grounds to file a motion to set aside the judgment based on lack of proper notice and potentially inadequate opportunity to secure representation. In Missouri, you... View More

1 Answer | Asked in Divorce and Immigration Law for Missouri on
Q: Can I file for divorce in Missouri on a B2 visa if my spouse is overseas?

I am currently residing in Missouri on a B2 visa and have been in the United States for over 90 days. I am seeking to file a divorce from my spouse, who is not a U.S. citizen and resides in Switzerland. We have no children. Can I file for divorce in Missouri under these circumstances?

James L. Arrasmith
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answered on Feb 24, 2025

Filing for divorce in Missouri may be challenging on a B2 visa because Missouri courts typically require you to establish legal residency with intent to remain, not just physical presence. While you've met the 90-day physical presence requirement, a temporary visitor visa like B2 doesn't... View More

1 Answer | Asked in Divorce for Missouri on
Q: Is my husband legally allowed to remove me from medical insurance before we have even started to filed for divorce?

Husband and I have been separated for almost 8 yrs. He is now wanting to go on to filing for divorce. I have a back and neck injury, currently going through treatment and surgeries. He is threatening to take me off of health insurance before starting the divorce process, leaving me with no health... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

This sounds like a really tough situation, especially with your ongoing medical treatment. Generally speaking, in most states, including Missouri, once a divorce is filed, there are temporary restraining orders that prevent either spouse from making major changes, like canceling health insurance,... View More

1 Answer | Asked in Divorce, Banking and Domestic Violence for Missouri on
Q: My husband has taken my name off of our accounts savings and checking and has blocked me from all money financially?

He won't give me money for groceries anymore there's no food in the house there's no toilet paper for 5 days I just am so sick from the cancer and depression from him just degrading me he text messages me from work

telling me he's going to come home and beat me up

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 6, 2024

Bad situation. If he is threatening you, get an order of protection to have him removed from the residence. Seek some social service assistance for abused women.

1 Answer | Asked in Divorce for Missouri on
Q: I’m needing a divorce but my husband is incarcerated currently. What are my first steps

My husband knows I’m filling and he isn’t going to contest it I just don’t know how to go about it

Steve D. Hardin
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Steve D. Hardin
answered on Mar 4, 2024

The best way to go about it is to hire an attorney to help. You can also check out the Missouri Supreme Courts webpage for self representation forms.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Missouri on
Q: I own a home in Missouri. My mother gave me the money to purchase my home. Only my name is on the title.

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?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
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.

1 Answer | Asked in Copyright, Divorce, DUI / DWI and Banking for Missouri on
Q: I need Help To Review My Deposition
James L. Arrasmith
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answered on Feb 21, 2024

Reviewing your deposition is crucial to ensure accuracy and completeness of the testimony provided. Start by carefully reviewing the transcript or recording of your deposition, paying attention to the questions asked and your responses. Verify that your answers accurately reflect your recollection... View More

1 Answer | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for Missouri on
Q: i have a oop violation and a communication harassment and a failure to appear charges 400 miles away. i was never serve

i never knew i had this and was never given a chance to defend my self.i had been divorced for 17 yrs

Ronald J. Eisenberg
Ronald J. Eisenberg
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.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: If both party's have joint property can he or she pick up personal stuff when the other is not there?

Say one is at work and it takes a week to move out?

Kristen Thurmond
Kristen Thurmond
answered on Aug 11, 2023

This answer depends on where the personal property is located and if both parties have legal rights to enter the real property used as the marital residence. The two types of property are important and distinct. Personal property is the household goods, furniture, vehicles, bank accounts,... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Prenup question to waive alimony.., My fiance and I had agreed on this to replace alimony. Is this sufficient in prenup?

SUPPORT

10. In the event that there is a separation of the Parties, the following will occur regarding spousal

support: J.A.B. Jr. will pay spousal support to J.S. in the amount of a lump

sum of $55,000 cash on the condition that they were married for a minimum of five... View More

Chad Garrett Mann
Chad Garrett Mann
answered on Jul 20, 2023

The binding effect of any provision in a prenuptial agreement, including one that purports to waive spousal support, depends on a variety of factors, not just the specific language used in the clause.

Under Missouri law, prenuptial agreements must meet certain criteria to be enforceable....
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