||Verified pleadings, form and content
||Remarriage of former spouse ends alimony
||Decree for alimony — a lien, when.
||Decree as to alimony only subject to review
||Spouse abandoned, court to adjudge maintenance — execution to enforce.
||No property exempt from attachment or execution, when
||Services and earnings of unmarried minor children — custody and control of.
||Father and mother, parent, child, defined — how construed.
||Petition for enjoyment of spouse’s separate estate, when
||Circuit court may make decree
||Authorization by court to sell property
||Married person enjoined from squandering property at suit of spouse
||Court may authorize persons holding money of married person to pay spouse
||Married person entitled to proceeds of earnings of his or her minor ..
||Proceeds used for support of himself or herself and family
||Filing of petition, proceedings
||Proceedings on such petition — appeal allowed, when and where.
||Procedure and venue
||Judgment of dissolution, grounds for — legal separation, when — judgments …
||Petition, contents — service, how — rules to apply — defenses abolished — …
||Petition for dissolution filed when, requirements
||Parties’ current employers and Social Security numbers to be contained in ..
||Guardian for incapacitated person may file for dissolution or separation if ..
||Authorized motions — restraining order, when, answer, when due, effect of — …
||Termination of insurance prohibited, when
||Counseling for minor children ordered, when, costs
||Finding that marriage is irretrievably broken, when — notice — denial by a …
||Separation agreements authorized, effect of — orders for disposition of …
||Disposition of property and debts, factors to be considered
||Maintenance order, findings required for — termination date, may be …
||Child support, how allocated — factors to be considered — abatement or …
||Obligor may request affidavit, when — cause of action for failure to …
||Summary of expenses paid on behalf of child, required when
||All judgments and orders shall contain the parties’ Social Security numbers
||Support obligations, bond or other guarantee to secure, when required, ..
||Maintenance or support payments to circuit clerk or family support payment ..
||Medical assistance documentation provided, when
||Notice of a child support establishment or modification proceeding, when — …
||Withholding of income, voluntary or court may order, when, when effective — …
||Modification of child support, attorney fees awarded to state, when
||Allocation of cost of action and attorney fees by court — actions for …
||Judgment of dissolution or legal separation final when entered — appeal, …
||Party failing to comply with decree, effect of
||Modification of judgment as to maintenance or support, when — termination, …
||Declining jurisdiction in a modification proceeding, when
||Mandatory educational sessions, when — alternative dispute resolution, when.
||Paternity proceedings stayed for rape charges against putative father
||Custody — definitions — factors determining custody — prohibited, when — …
||Noncustodial parent’s right to receive child’s school progress reports — …
||Relocation of child by parent for more than ninety days, required procedure ..
||Temporary custody, motion for — dismissal of action, effect of.
||Child’s wishes as to custodian, how determined
||Investigation and report on custodial arrangements for a child — how …
||Custody proceedings, priority of — judge to determine law and fact — …
||Visitation rights, awarded when — history of domestic violence, …
||Grandparent’s visitation rights granted, when — guardian ad litem …
||Grandparent denied visitation, court may order mediation upon written ..
||Neutral location for exchange of children, when
||Custodian to determine child’s upbringing, exception — continued …
||Custody, decree, modification of, when
||Change of residence deemed grounds for modification of custody, when
||Military service of parent not to be a basis for modification of a ..
||Military deployment, child custody and visitation, effect of — nondeploying …
||When sections 452.300 to 452.415 shall apply
||Parent’s change in income due to military service, effect on order of child ..
||Proceedings to be heard by circuit judge — exception.
||Guardian ad litem appointed, when, duties — disqualification, when — fees.
||Sheriff or law enforcement to enforce custody and visitation orders, when — …
||Risk of international abduction, court may impose restrictions and restraints
||Availability of certain records — limitation on inspection of certain …
||Surcharge collected, when, use
||Domestic relations resolution fund established, use
||Handbook, contents, availability
||Educational sessions program shall be established by courts — for …
||Court shall order parties to action and may order children to attend, when
||Confidentiality of facts obtained at sessions not considered in ..
||Cost of educational session, amount
||Proceedings governed by other law
||Application to Indian tribes
||International application of act
||Appearance and limited immunity
||Communication between courts
||Cooperation between courts — preservation of records.
||Initial child custody jurisdiction
||Exclusive, continuing jurisdiction
||Verified petition — service of process.
||Jurisdiction to modify determination
||Temporary emergency jurisdiction
||Notice — opportunity to be heard — joinder.
||Notice for exercise of jurisdiction
||Jurisdiction declined by reason of conduct
||Information to be submitted to court
||Joinder of a party
||Appearance of parties and child
||Effect of child custody determination
||Full faith and credit
||Modification of another court’s determination
||Filing of certified copy of custody decree
||Registration of child custody determination
||Forwarding copies of decrees
||Testimony of witnesses
||Request for another court to hold hearing
||Appearance at hearing
||Preservation of documents
||Transfer of transcripts and documents
||Priority of jurisdictional question
||Enforcement of registered determination
||Expedited enforcement of child custody determination
||Service of petition and order
||Hearing and order
||Warrant to take physical custody of child
||Costs, fees, and expenses
||Recognition and enforcement
||Role of prosecutor or public official
||Role of law enforcement
||Costs and expenses
||Application and construction
Chapter 452 is one of several chapters of the Missouri Statutes addressing family law. For example, Chapter 451
addresses what constitutes a valid marriage, and the respective property rights and obligations of married persons. Chapter 454
addresses the enforcement of child support orders.
Terms Used In Missouri Laws > Chapter 452 - Dissolution of Marriage, Divorce, Alimony and Separate Maintenance
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bequest: Property gifted by will.
- Chambers: A judge's office.
- Contract: A legal written agreement that becomes binding when signed.
- Custody: means joint legal custody, sole legal custody, joint physical custody or sole physical custody or any combination thereof. See Missouri Laws 452.375
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Devise: To gift property by will.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Docket: A log containing brief entries of court proceedings.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Felony: A crime carrying a penalty of more than a year in prison.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: if used in a section in a context relating to property rights or obligations, means conservator of the estate as defined in Missouri Laws 1.020
- Guardianship: if used in a section in a context relating to rights and obligations other than property rights or obligations, means guardian of the person as defined in Missouri Laws 1.020
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Joint legal custody: means that the parents share the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child, and, unless allocated, apportioned, or decreed, the parents shall confer with one another in the exercise of decision-making rights, responsibilities, and authority. See Missouri Laws 452.375
- Joint physical custody: means an order awarding each of the parents significant, but not necessarily equal, periods of time during which a child resides with or is under the care and supervision of each of the parents. See Missouri Laws 452.375
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Month: means a calendar month, and "year" means a calendar year unless otherwise expressed, and is equivalent to the words year of our Lord. See Missouri Laws 1.020
- Oath: A promise to tell the truth.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
- Property: includes real and personal property. See Missouri Laws 1.020
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Service of process: The service of writs or summonses to the appropriate party.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
- Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Third-party custody: means a third party designated as a legal and physical custodian pursuant to subdivision (5) of subsection 5 of this section. See Missouri Laws 452.375
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- Trustee: A person or institution holding and administering property in trust.
- United States: includes such district and territories. See Missouri Laws 1.020
- Venue: The geographical location in which a case is tried.