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Missouri Divorce Questions & Answers
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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1 Answer | Asked in Divorce for Missouri on
Q: Hello, I am wanting to know about a soon to be divorce.

Hello,

I am wanting to know about a soon to be divorce. My wife is going to serve me papers sometime and I want the wedding ring back. It was a $2,500 ring from Kay and she ended up pawning it and lost it due to non-payment. How can a recoup the funds used for the ring since I am going... Read more »

Lydia Seifner
Lydia Seifner answered on Feb 14, 2019

There are quite a few questions involved here. First, and foremost the quickest you can be divorced is 31 days after you've been serviced, provided you both agree to the terms. If you suspect that her paperwork will not contain all the issues you wish to address, them make sure you file a... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Missouri on
Q: I filed for divorce in TN from my husband, and then moved to Missouri. What are my next steps to dissolve the union?

We have five children together, he was served but a court date wasn’t scheduled. He is aware that we moved, we moved because he stopped providing support.

Lydia Seifner
Lydia Seifner answered on Feb 1, 2019

Depending on when your husband was served, the time for him to respond may not be over yet. If the court hasn't provided a date for you, you can contact them and ask for a court date to be set. It will be easier if you have an attorney do this for you, especially considering your distance... Read more »

1 Answer | Asked in Divorce and Child Custody for Missouri on
Q: Divorcing we have a 6 year old and 1 year old together. If non-custodial how many days a week/month can I see kids?

Living in same city can I request to see my kids daily or multiple times a week? The kids spend 75% time with me since birth because the mom is in NJ working most of the year. She is promising to remain in the same city and work locally. I was told that anytime a non-custodial with joint custody... Read more »

Lydia Seifner
Lydia Seifner answered on Jan 17, 2019

There is no minimum or maximum amount of time a non-residential parent may be allowed to see his or her children. The court's take the parents' schedules and relationships with the children into consideration; and sometimes it depends on the judge's personal preferences. Many... Read more »

1 Answer | Asked in Divorce for Missouri on
Q: If I get a divorce and my spouse and I own a business together, what happens? Even if I am only 30% owner and he was

sole owner prior to marriage? It is my only income and has been for many years? What do I do? Would it be fair to request alimony in MO?

Kristen Thurmond
Kristen Thurmond answered on Jan 9, 2019

When spouses own a business, one of two things happens once a business evaluation is done: one spouse buys out the other spouse or the business is dissolved and each spouse paid their portion. Maintenance (formerly known as alimony) may be an option but depends on the assets of the parties and... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Missouri on
Q: My ex has sole custody of our kids. I'm paying CS but found out the kids don't live w/ him now? Options?

I have a set of twins that will be 18 in June. My ex has had custody since they were 6. I've been paying CS but recently found our that one of them is living w/ his ex-wife and he is paying her $100 month in CS for our daughter. The other is living w/ her boyfriends mom (BF is at school) and... Read more »

Lydia Seifner
Lydia Seifner answered on Jan 8, 2019

Child support is to assist the parent actually caring for the child, if your ex is not housing the children, then there is no reason for him to be the recipient of the support. You will still owe support, but can have it redirected to the household's actually caring for the children, and... Read more »

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1 Answer | Asked in Divorce for Missouri on
Q: My husband and I have been separated for almost 30 yrs. we did not have a legal separwould we still have to divorice

we have no property and our children have passed away

Lydia Seifner
Lydia Seifner answered on Jan 7, 2019

Well, it depends on what you want to accomplish. If you are happy with the way things are, then no, you don't need a divorce. If either of you wishes to remarry, then yes, a divorce would be required.

Also, understand that if one of you were to get sick, the other would be in...
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1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Q: Do I have to file form 14 when I petition for divorce (amicable) even if I don’t want child support?

My spouse and I separated 6 years ago and have been equally sharing custody and expenses related to our child since then. Neither of us want to change that. Is it necessary to file form 14 even if neither party is requesting support?

Lydia Seifner
Lydia Seifner answered on Dec 4, 2018

Yes, if there are minor children involved you must file a form 14. However, you can state in the petition and in the final hearing that, by agreement, neither of you are requesting child support.

1 Answer | Asked in Divorce for Missouri on
Q: My divorce was granted today in Minnesota, is there a waiting period before i can remarry in the state of Oklahoma ?
Lydia Seifner
Lydia Seifner answered on Nov 26, 2018

You will want to check on the Minnesota court rules and statutes to confirm, but most states take 60-90 days before a judgment is finalized. You want to wait until after that time period, because if the other party finds an issue with the judgment, they could ask the court to reopen the case;... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Missouri on
Q: Denied access to children for six months, do I need to pay child support for missed time? (In Missouri)
Kristen Thurmond
Kristen Thurmond answered on Oct 31, 2018

If child support was ordered during the time you were denied access, then you must pay child support. Child support and parenting time are dealt with separately by courts. The reason why you were denied time may impact future time with your children. You need to find a local attorney to help you,... Read more »

1 Answer | Asked in Divorce for Missouri on
Q: I am needing help with getting my divorce papers started.

i have some of the papers started but i am not sure on how to do the rest of the papers that i need i am trying to do these on my own please if you can help me please let me know i really need the help

Jennifer L. Rench
Jennifer L. Rench answered on Oct 28, 2018

Teresa,

In order for an attorney to help you, the attorney will need to talk with you, gather some information from you and learn exactly what you are needing to accomplish. Your best bet is to pay an attorney for a couple hours of his or her time to meet with you and answer your questions....
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2 Answers | Asked in Family Law and Divorce for Missouri on
Q: If my attorney quits and I get my file can I represent myself if we have agreed on a settlement. In a divorce

My attorney with held the settlement my husband and I agreed on until he recieved final payment. When I told him I would seek legal advise else where he quit. Can I take that settlement which my husbands lawyer drew up back to him signed and notarized and Let his attorney submit it to the court?... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 4, 2018

You have the right to represent yourself pro se, but pro se litigants generally don't fare well when up against a party represented by an attorney.

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1 Answer | Asked in Divorce and Tax Law for Missouri on
Q: Trying to get divorced, but neither of us has filed taxes for several years. Can we estimate debt on the forms?

We are amicable and want to work together to get this done. We're not sure what we owe in taxes, so we're not sure what to put down for debts on the dissolution of marriage form. Also, will she have any trouble changing her name because of this? We don't have much property (basically... Read more »

Jennifer L. Rench
Jennifer L. Rench answered on Sep 7, 2018

One way to go about this would be to talk to a CPA about filing for the years you missed before you divorce. You may owe or you may be due a refund, but it could be easier to figure out how that should be handled with more information. Good luck!

1 Answer | Asked in Divorce, Family Law and Child Support for Missouri on
Q: In my divorce case I wasn't given credit for overnight visitation on Form 14.

My attorney told me the Judge doesn't give credit for overnight visitation. This would have lowered my support by $599.00. Is what the attorney told me true?

Jennifer L. Rench
Jennifer L. Rench answered on Sep 7, 2018

There are situations in which the overnight visitation credit may be rebutted or not given. For example, the overnight visitation credit will not be allowed (with certain exceptions) unless the adjusted monthly gross income of the parent receiving support exceeds a minimum set amount of income.... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Missouri on
Q: What is father to do if he makes a lot less than ex and can't afford the support ordered to pay when they share custody

The father ordered to pay just started working due to medical issues but only makes half of what ex (whom is primary) makes. He pays all childs expenses while at his home (buying clothes, food, etc), but court has ordered him to pay a quarter of what he makes a month all while trying to take care... Read more »

Lydia Seifner
Lydia Seifner answered on Sep 4, 2018

It sounds like you need to talk to an attorney about seeking a modification.

1 Answer | Asked in Divorce for Missouri on
Q: I've spent over $250K on my divorce. It has dragged on for 2 years. Can I drop it? I need these expenses to end.

I'm the petitioner, and we have a prenup. I filed for divorce after she claimed that I hit her, and had me removed from my own house. After that, she broke into my storage unit, sold everything inside, and stole the original prenup. She also took $15,000 out of my bank account. That was all... Read more »

Lydia Seifner
Lydia Seifner answered on Aug 29, 2018

So long as she has a counter-petition, dismissing your petition would not stop the divorce. If you want everything to stop, find a way to settle. If you feel like your attorney does not have your best interests in mind, you may want to talk to someone else in your area about representing you.

1 Answer | Asked in Divorce for Missouri on
Q: Please interpret this for me....my ex and myself do not ageee on the meaning

2. The amount the parties shall pay shall be calculated based upon the actual cost to the child, i.e. even if the child receives a scholarship or other aid which reduces the cost. The “cost” does include the amount of such scholarship or aid. For this purpose, loans to the student shall not be... Read more »

Lydia Seifner
Lydia Seifner answered on Aug 4, 2018

It means the costs of college are based upon what is left to pay after scholarships and and grants are applied.

1 Answer | Asked in Divorce for Missouri on
Q: I am a Missouri resident needing a divorce but need to move right away to Oklahoma.

Iknow that I will forfeit our home, but can I still lay claim to half of his 401k and ask for maintaince? I am 57 yrs old and disabled. My husband has been having an affair for three years and has been hiding money while liquidating my valuables for bills. Mine are all gone now. I have nothing.... Read more »

Jennifer L. Rench
Jennifer L. Rench answered on Aug 2, 2018

Residency is a factor in where you file your divorce, but a person doesn't forfeit marital property just by moving out of the marital home. In Missouri the court will set apart to each spouse such spouse's nonmarital property and will divide the marital property and marital debts... Read more »

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