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

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.... View More

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

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

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

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

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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.

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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

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.

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answered on Nov 14, 2022

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

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

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

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

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.

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.

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

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

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

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.

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.