Legal Question in Family Law in Missouri
divorce decree modification
my divorce was filed in sw missouri, and I now live in the Stl area. the terms of the decree are stacked in favor of my ex and our conflicts usually relate to visitation and travel issues. Also, even though my daughter doesn't live with me, I am on the hook for medical insurance, college, in addition to child support. In order to change the terms of the decree (it has been almost 5yrs since finalization) do I have to do so in the county it was filed in? or can I have the venue changed to a location more favorble to me? One of the obstacles to changing this has been that my ex is a parole officer and many of the attorneys in the area would have nothing to do with this because they might have to deal with her on a professional basis. How do I get the ball rolling?
2 Answers from Attorneys
Re: divorce decree modification
Yes, you must file the Motion to Modify in the Court that issued the existing Order. If you hire an attorney in that County or an adjoining County that does primarily domestic relations law, the fact that your ex is a probation officer or whatever should have absolutely no effect on the representation. The attorney you hire can advise you on the possibility of changing venue. Good luck.
Re: divorce decree modification
A modification has to be filed in the court where it was originally heard unless the child has moved out of state for more than 6 months. If the child and the mother are no longer in the county where the divorce was heard, you can move for a change to the county where the child is or where you are. Most likely a court will move it to where the child is. You should retain local attorney for this. Keep checking with the attorneys as not all attorneys interact with parole officers.
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