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Missouri Divorce Questions & Answers
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
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 and let... 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 responsible... 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 with UK... 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 agreement, it may... 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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1 Answer | Asked in Divorce and Real Estate Law for Missouri on
Q: Does inherited property get split in a divorce?

I inherited two properties when my parents passed away. My husband is wanting a divorce, and says he is going to try to take away one of the properties. If the properties were inherited to me are they subject to division during the divorce? We were married when I inherited the property.

Jennifer L. Rench
Jennifer L. Rench answered on Jun 27, 2019

Property that is inherited by one spouse - even during the marriage - is specifically excluded from what is defined as "marital property" in Missouri and is not subject to division. However, this isn't usually the end of the conversation.

It is possible to convert separate (non-marital)...
Read more »

1 Answer | Asked in Divorce and Child Custody for Missouri on
Q: My wife refuses to let me have the kids under the advise of her lawyer.

My wife has refused to let me see the kids for 9 days. She served me, and I'm in the process of getting a lawyer, but every lawyer in town had a week to 2 week wait to see them. My first appointment comes in 2 days. She claims she has the right to keep them indefinately until I have an order,... Read more »

Lydia Seifner
Lydia Seifner answered on Jun 25, 2019

She's completely wrong. If the two of you are married, and there is no order dictating otherwise, then you have the same right to the kids as she does. You may see your kids whenever you wish.

1 Answer | Asked in Child Custody, Child Support and Divorce for Missouri on
Q: I need to know how to change the venue or jurisdiction of my divorce with a minor from SD to MO?

Both my ex-husband and I have moved to MO. Need this changed so we can look into changing the custody arrangement and use DSS in MO to enforce child support. How do I start this process?

Jessica Emery
Jessica Emery answered on Jun 2, 2019

If you already have a divorce decree and you are looking to modify your parenting plan, you would need to register the South Dakota Judgment in Missouri and file a motion to modify. You should contact a lawyer to assist you. If you just need the child support enforcement moved, you can contact the... Read more »

1 Answer | Asked in Child Custody and Divorce for Missouri on
Q: Got married in PR, husband’s in the Army in the states, but we want a divorce. Does it have to go through PR?

Husband is in the Army. He is stationed in the states. We got married in PR a few months ago. We have a daughter together.

Lydia Seifner
Lydia Seifner answered on May 25, 2019

You do not have to get divorced where you got married. But you do have to get divorced in the state in which at least one of you lives. Most states follow specific rules about jurisdiction over children. It will be better to have your divorce in the state where the child has lived for the last... Read more »

1 Answer | Asked in Divorce for Missouri on
Q: If I am still married can I switch my direct deposit and money to another account not in my wife's name/joint account?

The reason I want to do this is because she took our 20000 dollars in savings and put it into an account I have no access to. Also the reason I ask is that I give her 350 dollars a week and feel it's not right if she decided to do that.

Christopher Fink
Christopher Fink answered on May 23, 2019

It is your right to deposit your money into your own account. However, the structure of the account does not convert the funds to a non-marital asset. Your income and her income are considered marital property regardless of how the account is set up. Similar to a vehicle purchased during the... Read more »

1 Answer | Asked in Divorce for Missouri on
Q: I am wondering if it is a crime to shut off my spouses cell phone, sell the car and stop giving her an allowance

She refused to speak to me or with me around anyone else that can help. If she doesn't want to be in a marriage anymore then I do not are to give her the things she wants.

Christopher Fink
Christopher Fink answered on May 22, 2019

If it is your wife's cell phone and your wife's vehicle, then the answer would be yes it would be fraudulent as you would not have the authority to interfere with her contract with her cell phone provider or transfer legal title in her vehicle. If there is a court order requiring you to pay these... Read more »

1 Answer | Asked in Divorce for Missouri on
Q: Which state should my mother file a suit? Does she have a choice?

My parents have been divorced a long time ago. My mother has a legally binding agreement that states she will receive a percentage of my father's retirement funds. He has not paid her anything since child support(2003), she's been scared of him because of the physical abuse from him in the past,... Read more »

Christopher Fink
Christopher Fink answered on May 20, 2019

In all likelihood she will need to enforce the Judgment in the same state as the divorce judgment. If she is dealing with retirement funds, then a qualified domestic relations order (QDRO) or Division of Benefits Order should have been referenced within the divorce decree and drafted shortly... Read more »

1 Answer | Asked in Divorce for Missouri on
Q: Will a home bought roughly one month prior to marriage be divided in a divorce?

Soon to be wife offered job out of state. We decided that it would be best for her to take the job, move there, and search for marital home. She purchased a home and roughly a month later she flew back, we got married, and we both moved into the new property in the new state.

Lydia Seifner
Lydia Seifner answered on Apr 15, 2019

Typically property bought prior to marriage is considered non-marital property. However, property that is used for martial purposes can become joint marital property. If the house was bought for the marriage, If you name is on the title of the house, or you made all the payments since marriage;... Read more »

1 Answer | Asked in Divorce and Juvenile Law for Missouri on
Q: How can a woman that was married to a man for 8.5 years, marry again and give child first husbands last name?
Lydia Seifner
Lydia Seifner answered on Mar 28, 2019

As long as you and the child's father are in agreement, you can give your child whatever name you want.

2 Answers | Asked in Divorce for Missouri on
Q: How long will a divorce last, start to finish, before its finalized?

I'm asking on behalf of my boyfriend, who is unfortunately still married to his ex. They have been separated for going on 4 years now and he and I are wanting to get married and this is preventing that.

Christopher Fink
Christopher Fink answered on Feb 24, 2019

If the parties agree on how to divide all of their assets and debts as well as all other issues, such as parenting time and child support then it would be relatively quick. Assuming complete cooperation by both parties a divorce can be finalized within 6-8 weeks. However, if there is even one... Read more »

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