Legal Question in Family Law in Missouri

Can someone file for divorce in MO after just moving to MO?

My sister currently lives in GA and wants to move to MO with her kids (with her husband's knowledge). Can she file for divorce in MO, or does she have to file in GA. They lived in GA for the last 4 years. Does she have to live in MO for a particular amount of time before she can file in MO?


Asked on 5/03/07, 11:37 am

3 Answers from Attorneys

Penny Umstattd-Cope The Umstattd-Cope Law Firm, LLC

Re: Can someone file for divorce in MO after just moving to MO?

Until the children live in Missouri for a period of at least 6 months, Georgia will be considered the home state for the children. Any action regarding them will need to be filed there unless the husband agrees to the action in Missouri. There are a few limited exceptions and they are hard to meet. Your sister has to live in Missouri 90 days before she can file for divorce here. If Missouri does not get personal jurisdiction over the husband or they don't work out an agreement, she may not be able to obtain a judgment against him for monetary value or for any property remaining in Georgia. Hope this helps.

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Answered on 5/03/07, 11:43 am
Greg Kessler Frankel,Rubin,Bond and Dubin, P.C.

Re: Can someone file for divorce in MO after just moving to MO?

YOU NEED TO BE A RESIDENT of the state for 90 days before filing a petition. I normally meet with the client prepare all necessary documentation and wait till the 91st day to file. I have 33 years of domestic law experience. I work in Clayton and can help. Feel free to contact me at [email protected]

Greg S. Kessler

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Answered on 5/03/07, 2:25 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Can someone file for divorce in MO after just moving to MO?

She would have to live in the state of Missouri for 90 days prior to filing a Petition for dissolution of Marriage. BTW, I always warn people who post questions to this list to beware of attorneys who only post responses in an effort to get new business. I believe that it is fairly obvious who I am referring to by this comment. The list manangement is suppose prevent this kind of predatory solicitation, but I suppose it is just to much for them to keep up with.

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Answered on 5/03/07, 10:27 pm


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