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 »
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 »
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 »
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 »
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.
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 »
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.
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???
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 »
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 »
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 »
many more in adition to jan reports
Please clarify your question. I have not idea what you mean by "jan reports."
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
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 »
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 »
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 »
When he turns 21 you are no longer financially responsible for him. You may stop paying for college costs and health insurance if necessary.
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 »
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.
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
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.
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.
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 »
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 »
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 »
Going through a divorce, spouse is unstable but threatens occassionally to come take my child. When he has not provided for them in years
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.
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?
Without knowing your debts, no attorney can answer intelligently.
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Consult directly with a bankruptcy lawyer
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.
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... Read more »
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 »
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.
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?
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 »
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.
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 »
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