dissolution hearing (Missouri) · Go Syfert
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dissolution hearing in Missouri

44 Missouri opinions name it 2 courts 1976–2017 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (30)

CaseFollowedCited
Camden v. Camdengreen
moctapp · 1992 · cited in 5 Missouri opinions naming this issue, 1993–2010
2 sentences

2010However, “[t]he court’s discretion in awarding temporary maintenance and attorney’s fees pendente lite is broader than at the dissolution hearing.” Fox, *235 866 S.W.2d at 508 ; see also Laubinger, 5 S.W.3d at 171 ; Camden v. Camden, 844 S.W.2d 75, 78 (Mo.App.1992). “ ‘A reviewing court is extremely cautious about altering judgments regarding such allowances because they are temporary and their effects do not extend beyond the final hearing of the case.’ ” Fox, 866 S.W.2d at 508 (quoting Cross v. Cross, 790 S.W.2d 928, 929 (Mo.App.1990)).

1995“The court’s discretion in awarding temporary maintenance and attorney’s fees pendente lite is broader than at the dissolution hearing, and a reviewing court is extremely cautious about altering judgments regarding such allowances because they are temporary and their effects do not extend beyond the final hearing of the case.” Camden v. Camden, 844 S.W.2d 75, 78 (Mo.App.1992) (Internal citation and quotation omitted).

55
Davis v. Schmidtgreen
moctapp · 2007 · cited in 2 Missouri opinions naming this issue, 2010–2016
2 sentences

2016See also Davis, 210 S.W.3d at 517 (noting evidence of financial condition eight months after dissolution should have been presented at hearing on mov-ant’s motion for appellate attorney’s fees).

2010See Davis v. Schmidt, 210 S.W.3d 494, 517 (Mo.App.2007) (the hearing on Mother’s motion for appellate attorney fees took place approximately eight months after trial without evidence of Mother’s post-dissolution financial condition).

22
Cross v. Crossgreen
moctapp · 1990 · cited in 2 Missouri opinions naming this issue, 1992–2010
2 sentences

2010However, “[t]he court’s discretion in awarding temporary maintenance and attorney’s fees pendente lite is broader than at the dissolution hearing.” Fox, *235 866 S.W.2d at 508 ; see also Laubinger, 5 S.W.3d at 171 ; Camden v. Camden, 844 S.W.2d 75, 78 (Mo.App.1992). “ ‘A reviewing court is extremely cautious about altering judgments regarding such allowances because they are temporary and their effects do not extend beyond the final hearing of the case.’ ” Fox, 866 S.W.2d at 508 (quoting Cross v. Cross, 790 S.W.2d 928, 929 (Mo.App.1990)).

1992Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). *78 The court’s discretion in awarding temporary maintenance and attorney’s fees pen-dente lite is broader than at the dissolution hearing, Oesterle v. Oesterle, 796 S.W.2d 640, 641 (Mo.App.1990), and “[a] reviewing court is extremely cautious about altering judgments regarding such allowances because they are temporary and their effects do not extend beyond the final hearing of the case.” Cross v. Cross, 790 S.W.2d 928, 929 (Mo.App.1990).

22
Potts v. Pottsgreen
moctapp · 2010 · cited in 2 Missouri opinions naming this issue, 2016–2017
2 sentences

2017However “the court is to consider the financial resources of the parties since the dissolution, even if the time period between the dissolution hearing and the appellate fee hearing is relatively short.” Potts, 303 S.W.3d at 197 .

2016See Potts v. Potts, 303 S.W.3d at 197 (“[T]he court is to consider the financial resources of the parties since the dissolution, even if the time period between the dissolution' hearing and the appellate Tee hearing is relatively short.”).

12
Wright v. Wrightgreen
moctapp · 1999 · cited in 2 Missouri opinions naming this issue, 2003–2005
2 sentences

2005Wright v. Wright, 1 S.W.3d 52, 62 (Mo.App.

2003Id.

12
Conrad v. Conradgreen
moctapp · 2002 · cited in 1 Missouri opinions naming this issue, 2013–2013
1 sentence

2013Wife was entitled to a specific finding on these issues because “marital property used by a spouse for his living expenses after separation and prior to the dissolution hearing is a legitimate expenditure of marital assets.” Jinks v. Jinks, 120 S.W.3d 301, 308 (Mo.App.2003). “‘Such expenditures have been held to be legitimate expenditures of marital assets, as would be the case if the parties had not separated.’ ” Id. (quoting Conrad v. Conrad, 76 S.W.3d 305, 315 (Mo.App.2002)).

11
Jinks v. Jinksgreen
moctapp · 2003 · cited in 1 Missouri opinions naming this issue, 2013–2013
2 sentences

2013Wife was entitled to a specific finding on these issues because “marital property used by a spouse for his living expenses after separation and prior to the dissolution hearing is a legitimate expenditure of marital assets.” Jinks v. Jinks, 120 S.W.3d 301, 308 (Mo.App.2003). “‘Such expenditures have been held to be legitimate expenditures of marital assets, as would be the case if the parties had not separated.’ ” Id. (quoting Conrad v. Conrad, 76 S.W.3d 305, 315 (Mo.App.2002)).

2013Wife was entitled to a specific finding on these issues because “marital property used by a spouse for his living expenses after separation and prior to the dissolution hearing is a legitimate expenditure of marital assets.” Jinks v. Jinks, 120 S.W.3d 301, 308 (Mo.App.2003). “‘Such expenditures have been held to be legitimate expenditures of marital assets, as would be the case if the parties had not separated.’ ” Id. (quoting Conrad v. Conrad, 76 S.W.3d 305, 315 (Mo.App.2002)).

11
Laubinger v. Laubingergreen
moctapp · 1999 · cited in 1 Missouri opinions naming this issue, 2010–2010
1 sentence

2010However, “[t]he court’s discretion in awarding temporary maintenance and attorney’s fees pendente lite is broader than at the dissolution hearing.” Fox, *235 866 S.W.2d at 508 ; see also Laubinger, 5 S.W.3d at 171 ; Camden v. Camden, 844 S.W.2d 75, 78 (Mo.App.1992). “ ‘A reviewing court is extremely cautious about altering judgments regarding such allowances because they are temporary and their effects do not extend beyond the final hearing of the case.’ ” Fox, 866 S.W.2d at 508 (quoting Cross v. Cross, 790 S.W.2d 928, 929 (Mo.App.1990)).

11
In Re Marriage Luekengreen
moctapp · 2008 · cited in 1 Missouri opinions naming this issue, 2009–2009
1 sentence

2009Generally, a decree or judgment for dissolution of marriage distributing marital property is final and not modifiable. § 452.330.5, RSMo 2000 (“The court’s order as it affects distribution of marital property shall be a final order not subject to modification....”); § 452.360.2, RSMo 2000 (“The court’s judgment of dissolution of marriage or legal separation as it affects distribution of marital property shall be a final judgment not subject to modification.”); Ochoa v. Ochoa, 71 S.W.3d 593, 595 (Mo. banc 2002); In re Marriage of Lueken, 267 S.W.3d 800, 802 (Mo.App.

11
Ochoa v. Ochoagreen
mo · 2002 · cited in 1 Missouri opinions naming this issue, 2009–2009
1 sentence

2009Generally, a decree or judgment for dissolution of marriage distributing marital property is final and not modifiable. § 452.330.5, RSMo 2000 (“The court’s order as it affects distribution of marital property shall be a final order not subject to modification....”); § 452.360.2, RSMo 2000 (“The court’s judgment of dissolution of marriage or legal separation as it affects distribution of marital property shall be a final judgment not subject to modification.”); Ochoa v. Ochoa, 71 S.W.3d 593, 595 (Mo. banc 2002); In re Marriage of Lueken, 267 S.W.3d 800, 802 (Mo.App.

11
Crowe v. Clairdaygreen
moctapp · 1996 · cited in 1 Missouri opinions naming this issue, 2005–2005
1 sentence

2005Crowe v. Clairday, 935 S.W.2d 343, 345 (Mo.App. 1996). 1 Appellant says his reliance on Respondent’s notification of when the dissolution hearing would be held and the hiring of an attorney after learning of the dissolution hearing is proof of his good cause.

11
Marriage of Saloma v. Saloma-Orozcogreen
moctapp · 1990 · cited in 1 Missouri opinions naming this issue, 2005–2005
2 sentences

2005In Saloma v. Saloma-Orozco, 788 S.W.2d 799, 801 (Mo.App.1990), the appellate court found, in a similar fact pattern, that where the participants in a dissolution were still living together, the relationship of confidence between a wife and husband may justify the latter’s reliance on wife’s representations and that her misleading statements about the dissolution hearing led to extrinsic fraud.

2005Id.

11
Rea v. Reagreen
moctapp · 1989 · cited in 1 Missouri opinions naming this issue, 2004–2004
2 sentences

2004Id. at 234-235 (internal citations omitted).

2004There, the parties testified at the dissolution hearing concerning their oral settlement agreement, which the trial court found to be “acceptable.” Id. at 597 .

11
Hoffmann v. Hoffmanngreen
mo · 1984 · cited in 1 Missouri opinions naming this issue, 1999–1999
1 sentence

1999Lawrence v. Lawrence, 938 S.W.2d 333, 338 (Mo.App.1997); Tate v. Tate, 920 S.W.2d 98, 103 (Mo.App.1996); Hoffmann v. Hoffmann, 676 S.W.2d 817, 828 (Mo. banc 1984).

11
Lawrence v. Lawrencegreen
moctapp · 1997 · cited in 1 Missouri opinions naming this issue, 1999–1999
1 sentence

1999Lawrence v. Lawrence, 938 S.W.2d 333, 338 (Mo.App.1997); Tate v. Tate, 920 S.W.2d 98, 103 (Mo.App.1996); Hoffmann v. Hoffmann, 676 S.W.2d 817, 828 (Mo. banc 1984).

11
Tate v. Tategreen
moctapp · 1996 · cited in 1 Missouri opinions naming this issue, 1999–1999
1 sentence

1999Lawrence v. Lawrence, 938 S.W.2d 333, 338 (Mo.App.1997); Tate v. Tate, 920 S.W.2d 98, 103 (Mo.App.1996); Hoffmann v. Hoffmann, 676 S.W.2d 817, 828 (Mo. banc 1984).

11
Dardick v. Dardickgreen
moctapp · 1983 · cited in 1 Missouri opinions naming this issue, 1998–1998
1 sentence

1998Dardick v. Dardick, 661 S.W.2d 538, 543 (Mo.App.1983). 4 Here, while Mr. Graves now alleges that there has been a change in the parties’ financial circumstances since the decree of dissolution, he did not so allege in the trial court in support of his rather cursory suggestions in opposition to Mrs. Graves’ motion for such temporary support.

11
Arent v. Arentgreen
moctapp · 1988 · cited in 1 Missouri opinions naming this issue, 1994–1994
1 sentence

1994Under .these circumstances, she cannot now contend the agreement, which was incorporated into the decree, is unconscionable. 759 S.W.2d 855, 856 [3] (Mo.App.1988), citing Dow v. Dow, 732 S.W.2d at 908 .

11
Oesterle v. Oesterlegreen
moctapp · 1990 · cited in 1 Missouri opinions naming this issue, 1992–1992
11
Murphy v. Carrongreen
mo · 1976 · cited in 1 Missouri opinions naming this issue, 1992–1992
11
McCammon v. McCammongreen
moctapp · 1984 · cited in 1 Missouri opinions naming this issue, 1991–1991
11
Gray v. Graygreen
moctapp · 1983 · cited in 1 Missouri opinions naming this issue, 1990–1990
11
In Re the Marriage of Cookgreen
moctapp · 1982 · cited in 1 Missouri opinions naming this issue, 1987–1987
11
Langwell v. Langwellgreen
moctapp · 1977 · cited in 1 Missouri opinions naming this issue, 1987–1987
11
Cregan v. Clarkgreen
moctapp · 1983 · cited in 1 Missouri opinions naming this issue, 1986–1986
11
Michler v. Krey Packing Co.green
mo · 1952 · cited in 1 Missouri opinions naming this issue, 1983–1983
11
Njw v. Wewgreen
moctapp · 1979 · cited in 1 Missouri opinions naming this issue, 1982–1982
11
In Re the Marriage of R. R.green
moctapp · 1978 · cited in 1 Missouri opinions naming this issue, 1982–1982
11
Kansas City v. Martingreen
moctapp · 1965 · cited in 1 Missouri opinions naming this issue, 1980–1980
11
Glaves v. Glavesgreen
moctapp · 1975 · cited in 1 Missouri opinions naming this issue, 1976–1976
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (19)

CaseCitedYears
State ex rel. Kittrell v. Carr green
moctapp · 1994
2 sentences

2016Id. at 863 .

2015Id. at 863 .

22015–2016
Rombach v. Rombach green
mo · 1993
2 sentences

2014Although the cause was dismissed, the ex parte order was in effect at the time Mother filed her pleadings and during the pendency of the dissolution 6 Mother’s responsive pleading referred to the ex parte order when she alleged that Father must “honor and respect Clayton Court Ex Part [sic] Order of Child Protection.” Mother also alleged that Father needed to take “domestic violence class.” Furthermore, at the dissolution hearing, Mother reiterated her allegations when she testified that multiple orders of protection had been filed against Father, and police had become involved on October 3, 2

2014Here, much like in Wilkinson , Mother obtained an ex parte order of child protection against Father while the dissolution was pending. 4 Mother’s responsive pleading referred to the ex parte order when she alleged that Father must “honor and respect Clayton Court Ex Part [sic] Order of Child Protection.” Mother also alleged that Father needed to take “domestic violence class.” Furthermore, at the dissolution hearing, Mother reiterated her allegations when she testified that multiple orders of protection had been filed against Father, and police had become involved on October 3, 2008, due to Fa

22014–2014
Matthew G. O'Neill v. Stefanie D. O'Neill green
moctapp · 2015
1 sentence

2016In O’Neill v. O’Neill, this Court concluded that the defendant did not default when she sought to file her answer with the trial court at the dissolution hearing. 460 S.W.3d at 57 .

12016–2016
Fox v. Fox green
moctapp · 1993
2 sentences

2010However, “[t]he court’s discretion in awarding temporary maintenance and attorney’s fees pendente lite is broader than at the dissolution hearing.” Fox, *235 866 S.W.2d at 508 ; see also Laubinger, 5 S.W.3d at 171 ; Camden v. Camden, 844 S.W.2d 75, 78 (Mo.App.1992). “ ‘A reviewing court is extremely cautious about altering judgments regarding such allowances because they are temporary and their effects do not extend beyond the final hearing of the case.’ ” Fox, 866 S.W.2d at 508 (quoting Cross v. Cross, 790 S.W.2d 928, 929 (Mo.App.1990)).

2010However, “[t]he court’s discretion in awarding temporary maintenance and attorney’s fees pendente lite is broader than at the dissolution hearing.” Fox, *235 866 S.W.2d at 508 ; see also Laubinger, 5 S.W.3d at 171 ; Camden v. Camden, 844 S.W.2d 75, 78 (Mo.App.1992). “ ‘A reviewing court is extremely cautious about altering judgments regarding such allowances because they are temporary and their effects do not extend beyond the final hearing of the case.’ ” Fox, 866 S.W.2d at 508 (quoting Cross v. Cross, 790 S.W.2d 928, 929 (Mo.App.1990)).

12010–2010
Crain v. Crain green
moctapp · 2000
2 sentences

2009In Crain , the husband complained that he had spoken with his wife once a week, yet she never had informed him that she intended to proceed with the dissolution or that a hearing was scheduled; on the other hand, the wife never had told him affirmatively that she did not intend to proceed. 2 Id. at 172-73 .

2009In Grain, the husband complained that he had spoken with his wife once a week, yet she never had informed him that she intended to proceed with the dissolution or that a hearing was scheduled; on the other hand, the wife never had told him affirmatively that she did not intend to proceed. [2] Id. at 172-73 .

12009–2009
Distler v. Distler green
moctapp · 1994
1 sentence

2006However, “[ajgreements between parents regarding minor children are only advisory.” Distler, 877 S.W.2d at 185 . “[S]uch agreements do not bind the court, because the court is ordered to make a determination of the child’s best interest by looking at all relevant factors, including the eight enumerated factors in § 452.375.” Id.

12006–2006
Travis v. Travis green
moctapp · 2005
2 sentences

2005She also reminded the court of evidence at the dissolution hearing indicating that Husband had concealed funds during the pendency of the dissolution action. *73 See also Travis, 163 S.W.3d at 48 .

2005She also reminded the court of evidence at the dissolution hearing indicating that Husband had concealed funds during the pendency of the dissolution action. *73 See also Travis, 163 S.W.3d at 48 .

12005–2005
Seaman v. Seaman green
moctapp · 2001
1 sentence

2002Id. at 895 .

12002–2002
Neal v. Neal green
mo · 1997
1 sentence

2001Id. *608 In his fourth point, Husband contends the trial court erred in not conducting a hearing to establish the values of the stocks and mutual funds at the time the assets were distributed, which was approximately six months after the dissolution hearing.

12001–2001
Greene v. Lindsey green
scotus · 1982
2 sentences

1996In Greene v. Lindsey, 456 U.S. 444 , Le. 449-50, 102 S.Ct. 1874 , l.c. 1878, 72 L.Ed.2d 249 (1982) the court held that a party must be informed of any proceeding which is to be accorded finality either by actual notice or by some “notice reasonably calculated under the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” A party has a due process right to notice of a proceeding, such as the dissolution hearing here, which is to be accorded finality.

1996In Greene v. Lindsey, 456 U.S. 444 , Le. 449-50, 102 S.Ct. 1874 , l.c. 1878, 72 L.Ed.2d 249 (1982) the court held that a party must be informed of any proceeding which is to be accorded finality either by actual notice or by some “notice reasonably calculated under the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” A party has a due process right to notice of a proceeding, such as the dissolution hearing here, which is to be accorded finality.

11996–1996
LaBarge v. Berndsen green
mo · 1984
1 sentence

1995Id. at 442 .

11995–1995
Hannibal v. Hannibal neutral
moctapp · 1980
1 sentence

1995Mr. Weber cites Hannibal v. Hannibal, 604 S.W.2d 824 (Mo.App.1980), as authority for the trial court’s proceeding on the assertions contained in his answer despite the dismissal of Ms. Weber’s petition before commencement of the dissolution hearing.

11995–1995
Dow v. Dow green
mo · 1987
11994–1994
In Re Marriage of Emerson green
illappct · 1983
11992–1992
Forhan v. Forhan green
moctapp · 1985
11989–1989
In Re the Marriage of Royall green
moctapp · 1978
11989–1989
Russell v. Russell green
moctapp · 1987
11988–1988
Markwardt v. Markwardt green
moctapp · 1981
11986–1986
Terminal Warehouses of St. Joseph, Inc. v. Reiners green
mo · 1963
11983–1983

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 452.335 (7) MO § Mo. Rev. Stat. § 452.355 (6) MO § Mo. Rev. Stat. § 452.375 (6) MO § Mo. Rev. Stat. § 452.300 (5) MO § Mo. Rev. Stat. § 452.315 (4) MO § Mo. Rev. Stat. § 452.325 (3) MO § Mo. Rev. Stat. § 452.340 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IN 45 (1981–2023) MO 44 (1976–2017) IL 26 (1985–2022) FL 22 (1982–2026) CA 20 (1973–2026) MT 11 (1984–2025) OR 9 (1974–2013) AZ 7 (1982–2023) OH 5 (2001–2024) ME 4 (1996–2018) CO 4 (1991–2025) NY 4 (1957–2017) IA 4 (2016–2024) CT 3 (1984–2011) MN 3 (1911–1989) NE 2 (1983–1999) DE 2 (2018–2021) WA 2 (1990–2008) SD 2 (1955–1993)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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