Ask a Question

Get free answers to your Divorce legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Missouri Divorce Questions & Answers
1 Answer | Asked in Divorce, Child Custody and Child Support for Missouri on
Q: Is there anything I can do to get my son and to keep him from bouncing from one place to another?

I live in Macon mo. My sons mother left the state to move back to nc. She was gone for about a month and came back. She wrote me txt msgs stating I would take the responsibility after she left. And also wrote a hand written letter to my lawyer stating the same. Well before we could get the new... View More

Kristen Thurmond
Kristen Thurmond
answered on May 2, 2017

No attorney will speak with you while you're still represented. If you have an attorney, you need to talk with your attorney. Family law attorneys deal with these issues day in and day out. They tend to stay level headed and not lot the emotion of the case get to them until it's... View More

1 Answer | Asked in Divorce for Missouri on
Q: Needing a divorce, Have two children and we live below poverty level, What do I do?

Husband has been sentenced to 7 yrs in prison and I need a divorce, Heard there is a dollar divorce if spouse is in prison, is this true and how should I go about this?

Mrs. Shelly Renee' Reece
Mrs. Shelly Renee' Reece
answered on Jan 17, 2017

Check into free legal services available to low-income and disadvantaged in Missouri. http://www.lsmo.org/

1 Answer | Asked in Divorce for Missouri on
Q: I now live in St Louis, MO and my wife and daughter are in CA. If I file for divorce do I file in MO or CA?

I moved to St Louis for a job after 18 months of unemployment. My wife and daughter remain in our house in CA and my daughter has 1.5 years before high school graduation. Originally my wife was to remain there until graduation and then the house was to sell and she would move here. That is not... View More

Kristen Thurmond
Kristen Thurmond
answered on Aug 16, 2016

If you intend to move back to CA, then you file in CA. However, CA child custody laws will apply regardless of where you file.

1 Answer | Asked in Divorce for Missouri on
Q: Do i have rights at a default proof up hearing if i didnt respond to divorce filing..i live in mo he in ca j

Judge asks for proof up hearing regarding alimony and pension division..do i have any rights

Kristen Thurmond
Kristen Thurmond
answered on Aug 16, 2016

Generally, if you did not file any responsive paperwork, then you do not get to present evidence. Sometimes judges can be lenient with litigants who do not have attorneys. However, you may see if you can ask for leave to file an answer out of time or hire an attorney do it for you.

1 Answer | Asked in Divorce for Missouri on
Q: Purchased home w/spouse.Divorcing.Both names on Deed.His name on loan.Can he sell without my permission?

I am currently making the house payment even though I am not on the loan. I was also in a wreck and had to file a claim through a lawyer--all prior to our marriage. Can he claim part of my settlement even though the injury occurred and the claim was started prior to our wedding?

Kristen Thurmond
Kristen Thurmond
answered on Aug 16, 2016

It is my understand that to sell a home, all owners have to agree to sell it. Refinancing is a little different and you should speak with your mortgage provider to be sure what they require. As for your settlement, it is possible he may be entitled to some of the claim, but you need to speak with a... View More

1 Answer | Asked in Divorce for Missouri on
Q: How do i go about divorcing my husband who is currently incarcerated in MODOC?
Kristen Thurmond
Kristen Thurmond
answered on Aug 15, 2016

If you are able to send paperwork to your husband in jail, then you can get divorced. Find an attorney near you who offers free consultations or flat fee rates for simple divorces. It is probably more affordable than you think. You may also try looking up self-representation in divorce in your... View More

1 Answer | Asked in Divorce for Missouri on
Q: Is a spouse able to get the soon to be ex to pay their legal fees in a divorce settlement?

My friend needs a divorce attorney, but has no money and only recently starting working part-time. Would any attorney represent her and recover the fees from her husband? He has worked for the MODOT for many years.

Kristen Thurmond
Kristen Thurmond
answered on May 25, 2016

This is a late answer considering you posted your question over a month ago.

There are a lot of factors that come into play when asking for the other party to pay attorney's fees. Usually, it is dependent on the financial disparity between the parties (actual and expected income),...
View More

1 Answer | Asked in Divorce for Missouri on
Q: Am i entitled to Spouse's settlement funds if employee descrimination case is settled after divorce?

Served spouse signed and notarized divorce papers but never filed them in court... Spouse is in descrimination lawsuit with employer. Am I entitled to any of the settlement money being that : I found job for him, i have been paying 90% of household expenses for the last year almost so he could... View More

Kristen Thurmond
Kristen Thurmond
answered on May 17, 2016

You definitely need to hire an attorney if you have not done so already. Generally, any funds earned, which can include settlements, is considered marital income and each spouse is entitled to an equitable portion.

1 Answer | Asked in Divorce for Missouri on
Q: Does the name on the title matter if the house is awarded to me in the divorce?

It's titled in my husbands managements name. What am I looking at since the house we bought for me to move into is technically in his name?

Kristen Thurmond
Kristen Thurmond
answered on May 17, 2016

If you both resided in the house during the marriage, it is determined to be the marital home and you may be entitled the equity in the home regardless of whose name is on the title. You will more than likely need an attorney to assist you with this since assets and debts can be tricky at times to... View More

1 Answer | Asked in Divorce and Family Law for Missouri on
Q: Bigamous marriage in Missouri....Since it is void ab initio do you have to file an annulment?

Married thinking my divorce from my previous was final, however it wasn't finalized until 4 days after we married. Do we need to get our marriage annulled? We are no longer together and want to figure out how to deal with this so that both of us can move on with our lives.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 10, 2015

I've often wondered about that question (in general). Logically, it would seem that you don't need to. But if and when either of you wants to re-marry, he or she should consult with an attorney in the state where you (or your "current spouse" lives to determine if a new marriage would be valid.

1 Answer | Asked in Divorce for Missouri on
Q: Can the same lawyer represent me in a divorce case that represented both my husband and I in another case

My husband and i hired a lawyer to get custody of his kids which are my step kids. We won. The case is over. Can i hire the same lawyer to represent me for a divorce against my husband since she did our custody case?

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 1, 2015

That sticks out as a sore thumb to me. A lawyer cannot use what he or she learned about someone in a previous case in a subsequent case against the client. That is a classic conflict of interest issue.

1 Answer | Asked in Divorce for Missouri on
Q: Help regarding a phrase in the child custody agreement

In the child custody agreement, what does "If the parties are unable to resolve a dispute, (parent name) as the sole physical custodian, shall make the final determination" mean?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 30, 2015

Seems clear: Normally the parties have to talk about things in good faith. But according to this phrase (sentence, actually), if push comes to shove, the physical custodian gets the final word.

1 Answer | Asked in Divorce, Employment Law, Family Law and Immigration Law for Missouri on
Q: Can my husband cancel my H4 visa before applying for divorce? If so how long can i stay in USA legally?

Hello,

I am on H4 visa and recently got EAD approval notice. My husband is on H1B, he has applied for Green Card and got his I 140 approved.

I am planning for Divorce as i am emotionally abused by my husband. Is there any way where i can stay in the United States legally?... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 18, 2015

If you file for divorce your H4 visa becomes invalid which directly means your EAD will also become invalid. So you would not be able to stay in the US legally, I see you mentioned your husband emotionally abused you. If it was physical abuse and if it involved any violence you will be able to... View More

1 Answer | Asked in Divorce for Missouri on
Q: How do I file a ccivil suit in Jackson County, Mo. this concerns matters due to a divorce aggreement.

My ex husband agreed to pay a state tax bill within 30 days of dissolution and has not, he also moved my son out of school district without a 60 days notice and my consent. He is supposed to pay health insurance on my son and is not following through with this matter as well.

Kenneth J. Geniuk
Kenneth J. Geniuk
answered on Nov 8, 2011

You'll need to file a motion for contempt, or a motion to enforce the settlement agreement, or perhaps both. As far as "how" to do it, you'll need to preapre the motion(s), making sure that the allegations are sufficient to state a cause of action. Also, there will be some other... View More

1 Answer | Asked in Divorce for Missouri on
Q: How does property that was inharited work in divorce
Kenneth J. Geniuk
Kenneth J. Geniuk
answered on Nov 8, 2011

Property that is inherited is considered non-maritla property, and as such can not be awarded to the other spouse in a divorce. However, the court can take into consideration the value of the inherited property in dividing the remaining assets and debts, and in determining whether to award... View More

1 Answer | Asked in Divorce for Missouri on
Q: My husband is an attorney-he has submitted divorce papers to me to sign that have false statements what do I do?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 23, 2011

I would contact the Bar and report his attempts to make a misrepresentation to the court or commit a fraud upon the Court

1 Answer | Asked in Divorce for Missouri on
Q: Can u see ur kids while getting a divorce .
Kenneth J. Geniuk
Kenneth J. Geniuk
answered on Apr 1, 2011

Absent some really good reason to the contrary, there is no reason why you should not be able to have parenting time with your children during the divorce proceeding. If your spouse is denying you visitation, you can file a motion with the court for temporary orders of child custody and visitation.... View More

1 Answer | Asked in Divorce for Missouri on
Q: His attorney requested medical records for divorce, do I have to release them to him?
Kenneth J. Geniuk
Kenneth J. Geniuk
answered on Mar 14, 2011

It depends. If the records are relevant to the case, then you may have to produce them, or sign an authorization allowing him to obtain them directly from the provider. Generally, though, medical records are going to be privileged, so you should object to the request. If he is insistent on getting... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.