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Missouri Divorce Questions & Answers
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
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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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1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Q: will they garnish a maintenance payment for back owed child support?

IF a woman who refused to work to not pay chidsupport gets a Maintenance support Check, will that be garnished for previous back owed childsupport.

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

Under Missouri law, if a person fails to pay court-ordered child support, the state can enforce this obligation in several ways. One common method is income withholding, which can include wages, salaries, and other income like unemployment benefits, workman's compensation, and retirement... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Before a divorce should I give a jointly owned car title to my estranged wife

It is in my safe deposit box and I think she wants to sell the car to pay her lawyer

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

Missouri is an "equitable distribution" state, which means that in a divorce, all marital property (that is, property acquired or increased during the marriage) is divided in a manner that the court finds fair and equitable. The court considers a range of factors, including each... View More

2 Answers | Asked in Criminal Law, Divorce and Family Law for Missouri on
Q: I have very good reason to believe my wife is having an affair.

Would it be legal for me to put a voice recorder in her car. I am the legal owner,only my name is on the title.

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

As a general rule, Missouri's wiretapping law is a "one-party consent" law. Missouri law makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. See Mo. Rev. Stat. § 542.402.2(2)(3). So, if you... View More

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1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Already legally separated since 2019. We both are in agreement we would like the final divorce. How do we proceed?
Kristen Thurmond
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Kristen Thurmond
answered on Feb 3, 2023

You state you are legally separated. If that means you have a judgment stating you are legally separated, then you simply need to file a motion to convert to a dissolution of marriage. You can have an attorney assist you or try to find forms on the self-representation portion of the Missouri courts... View More

1 Answer | Asked in Divorce for Missouri on
Q: We are filing ourselves and uncontested, confused on how to list married children and who they “live with”
T. Augustus Claus
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answered on Jul 13, 2023

When completing the divorce forms, list the names of your married children and their spouses, specifying their living arrangements, such as whether they reside with you, their spouse, or at a separate address.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: What do I do if my ex spouse refuses to remove their name off the deed or mortgage of the home?

The home was awarded to me in the divorce. My ex spouse did not ask for any part of the equity in the home while filing the paperwork. Thank you!

T. Augustus Claus
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answered on Jul 12, 2023

In a situation where your ex-spouse refuses to remove their name from the deed or mortgage of the home awarded to you in the divorce, it's important to consult with a real estate attorney who specializes in divorce and property matters. They can review the details of your case, including the... View More

1 Answer | Asked in Divorce for Missouri on
Q: My husband of 4 months cheated on me and has been seeing another women for at least 3 months. Annulment or divorce?
Steve D. Hardin
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Steve D. Hardin
answered on Jan 20, 2023

Divorce. The only practical difference in a divorce and annulment is that an annulment requires additional proof. An annulment is not going to be quicker or cheaper than a divorce either.

1 Answer | Asked in Divorce and Real Estate Law for Missouri on
Q: Ex wife still lives in our paid off home, how do I force the sale of the home to get my half of the property ?

Divorce decree said proceeds to be split upon sale of house but did not specify a sale date.

Anthony M. Avery
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answered on Nov 14, 2022

The most direct remedy is file an Action for a Sale For Partition.

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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
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.

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