The Law Office of Kurt H King

May 11, 2016

DO YOU HAVE TO PLEAD MARITAL MISCONDUCT IN MISSOURI?

Filed under: Divorce,Family Law — kurthking @ 8:04 pm
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Answer:  No.

The case of McMillin v. McMillin, 633 S.W.2d 223 (Mo. Ct. App. E.D. 1982), holds that such pleading is not necessary where request is made to divide the marital property.  The reason being that marital misconduct is one of several statutory factors that court’s consider in dividing such property.  Senseless to require the underlying factors to also be plead.  However, we have seen the court make the mistake of sustaining an objection to evidence of marital misconduct where it was not specifically plead, so this case may be handy if your judge’s stance on this issue is unclear.

Law Office of Kurt H. King, 20 E. Franklin, Liberty, Clay County, Missouri 64068

816.781.6000

Family Law, Personal Injury, Workers Compensation, General Matters

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