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Missouri Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Missouri on
Q: my ex has a child protective order against me for our child and he is keeping it in effect until i sign our divorce pape

is it illegal for him to do that? his divorce asks for full custody for him

Lydia Seifner
Lydia Seifner
answered on Apr 30, 2018

It is sneaky, but not illegal for him to do that, you will need an attorney ASAP to assist you getting the protection order dismissed, and fighting for your custodial rights.

1 Answer | Asked in Divorce, Family Law and Child Custody for Missouri on
Q: Is there a specific form for this and anything else I should include?

I am Pro Se but not by choice. I am going to file an ex parte Show Cause to ask the courts to order my husband to pay for a retainer fee for a lawyer for me to even out the fairness a bit more because they are taking extreme advantage of me. I meet more than enough stipulations and he makes close... View More

Janet Sanders
Janet Sanders
answered on Apr 25, 2018

A Show Cause Order is granted upon a Motion for Contempt which must be personally served on the other party. You should file a Motion for a Temporary Order pursuant to 452.315 RSMo. 2016 and request child support, maintenance as well as attorney's fees and costs to be incurred. You should... View More

1 Answer | Asked in Child Support, Divorce, Family Law and Tax Law for Missouri on
Q: If the receiving parent refuses to work (legally) & doesn't file taxes, what can the paying parent do ?

My husband makes good money, but his ex wife refuses to hold down a real job. She hasn't filed her taxes either, claiming "She doesn't work". This of course throws the income levels off balance and she is fighting for more child support. One child has aged out and it is time to... View More

Janet Sanders
Janet Sanders
answered on Apr 25, 2018

Father may introduce proof the Mother is employed. He may also request the Court impute an income to her based upon her earning capacity. This is not the amount she earns; it is the amount she could earn if she did work. This determination takes into consideration her education, licenses,... View More

1 Answer | Asked in Divorce for Missouri on
Q: My husband and I got into a car wreck and now we are getting a divorce. The settlement is on him am I owed anything ?

It was in my car that has been fixed. We haven't filed yet but will as soon as the money comes through. The insurance company wants me to sign off also so I won't come back on them. Independence Mo.

Lydia Seifner
Lydia Seifner
answered on Apr 20, 2018

The settlement will be for the marriage, therefore half the settlement will belong to you.

1 Answer | Asked in Family Law and Divorce for Missouri on
Q: I filed a petition for dissolution of marriage,no kids,uncontested.If we get a court date and hes a no show what happen
Lydia Seifner
Lydia Seifner
answered on Apr 12, 2018

If he doesn't show, and he was given proper notice about the court date, then you will receive a default judgment.

1 Answer | Asked in Divorce and Foreclosure for Missouri on
Q: How can my son get his ex wife to help pay a mortgage she let go into default?

She caused them to divorce by letting their mortgage go for 6 months causing it to go into default! She also spent their money an an adult website called Ashley Madison something! They have joint custody of their son, but my son has him 5 days or more out of the week! Their bank forclosed on... View More

Lydia Seifner
Lydia Seifner
answered on Apr 12, 2018

If the divorce degree required her to help him with the mortgage, or to reimburse him for the outstanding debt, then your son can seek a motion for contempt, and demonstrate to the court that she has not paid what she has owed. Have your son speak to an attorney.

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Lawyer ignored requests for extension to respond to discovery. 30 days is up now so what do I need to do now?

BEFORE my 30 day deadline was up I emailed the attorney asking for an extension to get what they are requesting. I ended up emailing her 3 times and my husband even emailed her asking on my behalf. He also left 3 messages the prior week for her. She had ignored it ALL and sent me a demand letter... View More

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

Your options are to do nothing (not a good option) or file a motion seeking an extension of time, even though the deadline has passed.

1 Answer | Asked in Criminal Law, Divorce, Family Law, Child Custody and Legal Malpractice for Missouri on
Q: Did the lawyer commit forgery with my signature or not?

I am Pro Se but not by choice.

Is a "Temporary Order" and a " Stipulated Order" the same thing? I had prematurely signed the stipulated paper while we were making corrections while waiting to see the judge at the Temporary custody hearing that my husband never showed up... View More

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

A Stipulated Order means an order that the parties stipulate or agree to. A Temporary Order is not a final order.

No one should make an unauthorized signature.

1 Answer | Asked in Child Custody, Child Support, Contracts and Divorce for Missouri on
Q: Should I sign an agreement that my husband and I came up with on our own including custody, visitation, spousal support,

We are supposed to have it notarized and I'm afraid because of the position I am in.

Lydia Seifner
Lydia Seifner
answered on Apr 3, 2018

If you are concerned about the agreement, talk to a local family attorney and ask them to look it over for you. Never sign something you aren't sure about.

1 Answer | Asked in Divorce for Missouri on
Q: I just moved to Missouri 3 weeks ago, and my husband lives in Tennessee. Can I file for divorce?
Lydia Seifner
Lydia Seifner
answered on Apr 2, 2018

You can file in Missouri if you intend to remain here, however if your husband has no real contacts with Missouri, he can contest the jurisdiction. And if you have children together, the state where the child have been for the previous six months retains jurisdiction. Your best bet may be to file... View More

2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Missouri on
Q: filed a false report out of anger

caught my husband cheating called cops said he hit me but he didnt and they wont listen his first courtdate is tommoro what should i do i have a witness that says he didnt hit me should i go to court??

Lydia Seifner
Lydia Seifner
answered on Mar 27, 2018

You should go to court and admit that you lied; they'll dismiss it.

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1 Answer | Asked in Divorce and Child Custody for Missouri on
Q: How much time can I ask for in my extension for responding to requests and production?

I am pro se going through a very rough divorce with a narcissist. I has hit with requests for interrogatories, statement of assets and debts, income and expense statements, request for productions and things. I was also hit at the same time for mediation. I did not even realize what the... View More

Lydia Seifner
Lydia Seifner
answered on Mar 26, 2018

Extensions typically go for 30 days; if there is a lot for you to do and your disability gets in the way, ask for 60 days.

1 Answer | Asked in Child Support, Divorce and Family Law for Missouri on
Q: What can i do if im charged child support before i was served the divorce papers and if im not the natural father.

I adopted my son at 5 yrs old he is 12 now. I have near to zero income and cant pay child support. What can i do to get it lowered or taken out completely.

Lydia Seifner
Lydia Seifner
answered on Mar 26, 2018

It doesn't matter if you are the natural father, if you adopted the child; you are now the legal father. If you have no income to provide for child support, child support enforcement will be asking for your income to calculate your obligation amount, ask them for an appeal and submit an... View More

1 Answer | Asked in Divorce for Missouri on
Q: What form or motion do I file in MISSOURI to have my husband ordered to pay for a divorce attorney for myself?

What form or motion do I need to file in the state of Missouri to have my husband ordered to pay for an attorney for myself. I seem to meet just about every if not all of the special circumstances. He is the petitioner and has his own lawyer and I know they are taking advantage of me as I am... View More

Lydia Seifner
Lydia Seifner
answered on Mar 12, 2018

You could ask the court to award temporary maintenance and attorneys fees. But the court usually doesn't award attorney's fees until the end of the case to reimburse that asking party for fees already spent. It is uncommon for a court to award fees upfront. Many attorneys take... View More

1 Answer | Asked in Divorce for Missouri on
Q: My grandma has had to come stay with us and we were wanting to know how a divorce would work with her and her husband??

They are both elderly and he just recently gave his son $70,000 out of his account. He has always refused to have a joint account with her. They own their house free and clear and we just wanna know what my grandma is entitled to in a divorce.

Lydia Seifner
Lydia Seifner
answered on Mar 12, 2018

There is not enough information here about what property your grandparents own and when it was acquired to be able to adequately answer a question about property distribution. Your grandmother should speak to a family attorney local to her to discuss her marital and sole assets.

1 Answer | Asked in Child Custody and Divorce for Missouri on
Q: Can father keep children from mother with no court orders. Just divorce filed.

The children remained with him because of school. Mother moved out of school district. Father is restricting mother visitation. Says when she can see them. Sets up a time and then he takes them. Says she did not call before she came. Two family functions coming up and father is saying will get back... View More

Lydia Seifner
Lydia Seifner
answered on Mar 7, 2018

In a divorce, each parent has equal access and rights to the children until a court says otherwise. If there have been no orders for custody and parenting time issued by the court, mom can see the kids whenever she wants.

1 Answer | Asked in Divorce, Family Law and Child Custody for Missouri on
Q: Hello, I am 16 almost 17 and was curious do I need to get a job or what are the requirements to get emancipated.
Lydia Seifner
Lydia Seifner
answered on Mar 7, 2018

Yes, being self-supporting is a requirement for emancipation. Then you will need to file a petition with the court to be considered emancipated by the court. You can also join the military or get married to be considered emancipated.

Talk to a family attorney close to you about the...
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1 Answer | Asked in Divorce and Child Custody for Missouri on
Q: It has been since June 1st 2017 that my husband and I have been together. He was having an affair on me.

I found out, and called it off. About a month afterwards, he was charged with Enticement of a Child. And Hareasment, on an 11 year old neighbor. He then started dating another woman, and has gotten her pregnant. At first we were being civil with the children. One is his step son, ( but doesnt know... View More

Lydia Seifner
Lydia Seifner
answered on Mar 6, 2018

Until a court says otherwise, you both have equal access and rights to the children. The rule of law is "best interests of the child", it will depend upon the local rules of your jurisdiction a bit, but generally courts will believe joint custody is in the best interests of the child... View More

1 Answer | Asked in Divorce and Child Custody for Missouri on
Q: Does being unfaithful have a bearing on child custody? If so, are both unfaithful parties summoned to court?
Lydia Seifner
Lydia Seifner
answered on Mar 5, 2018

Adultery has no effect on child custody.

1 Answer | Asked in Divorce for Missouri on
Q: How can I make my ex husband get my name off the loan for the house that we had together? He's refused torefinance/sell

We've been divorced for 10 years, I went back to my original lawyer after the divorce and told him the situation about my ex not getting my name off the house loan (it was part of the divorce that he stay in the house but needed to sell or refinance). He said I could hold him in contempt of... View More

Lydia Seifner
Lydia Seifner
answered on Mar 5, 2018

The motion for contempt really is your best option. At the beginning, the court would only have been able to scold him about refinancing, and it really would have been a slap on the wrists. However, now if you have had to make any of the payments or had your credit adversely affected, you could... View More

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