Legal Question in Family Law in Missouri

still married

my wife and i are still married just separated with no chance on getting back together. the only problem is i live in florida and she left for missouri never to return again. now my two boys are now legal residents of missouri and she won't bring them to see me. i work for the goverment with no beneifits soo i can't just up and go my job won't allow it. also she served divorce papers to my mothers house where i don't live. i was not there to accept them and the woman gave them to my little brother. Is this legal and does this mean i have been properly served? Also she is planning on taking my boys to canada and I fear she will not return. Like i said we are still married doesn't she need a consent signed by me to leave the country, or can she do this without my consent?


Asked on 3/09/09, 2:58 pm

1 Answer from Attorneys
Mark Hanks Attorney Hanks, P.A.

Re: still married

If your wife had lived in MO for at least 6 months before she filed her divorce petition, Florida has lost its jurisdiction over your child, and you will have to argue your case in M0. You would have to be served via the laws of MO, but most states allow substitute process service--service on someone residing with the respondent. If you weren't living there at all, you should consult a MO attorney to see if a motion to quash the service of process would be appropriate. If she had not lived in MO (with your child) for the six months prior to filing, you'll need a MO attorney to challenge the Court's jurisdiction, and a FL attorney to start a divorce down here.

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Answered on 3/09/09, 9:27 pm


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