452.300. Procedure and venue. — 1. The rules of the supreme court and other applicable court rules shall govern all proceedings pursuant to sections 452.300 to 452.415.
2. A proceeding for dissolution of marriage, legal separation, or declaration of invalidity of marriage shall be entitled: "In re the Marriage of ______ and ______".
3. The initial pleading in an original proceeding pursuant to sections 452.300 to 452.415 shall be denominated a "petition" and the responsive pleading in an original proceeding shall be denominated an "answer". Other pleadings in an original proceeding and all pleadings in other proceedings pursuant to sections 452.300 to 452.415 shall be denominated as provided in the rules of the supreme court and other applicable court rules.
4. Any party who files the initial pleading in an original proceeding pursuant to sections 452.300 to 452.415 shall be denominated the "petitioner" and any party who is required to file or who files a responsive pleading in an original proceeding shall be denominated the "respondent". Each party shall retain such denomination from the original proceeding in any other proceedings pursuant to sections 452.300 to 452.415.
5. An original proceeding pursuant to sections 452.300 to 452.415 shall be commenced in the county in which the petitioner resides or in the county in which the respondent resides. If an original proceeding is commenced in the county in which the petitioner resides, upon motion by the respondent filed prior to the filing of a responsive pleading, the court in which the proceeding is commenced may transfer the proceeding to the county in which the respondent resides if:
(1) The county in which the respondent resides had been the county in which the children resided during the ninety days immediately preceding the commencement of the proceeding; or
(2) The best interest of the children will be served if the proceeding is transferred to the county in which the respondent resides because:
(a) The children and at least one parent have a significant connection with the county; and
(b) There is substantial evidence concerning the present or future care, protection and personal relationships of the children in the county.
6. In proceedings pursuant to sections 452.300 to 452.415, "judgment" shall include a "decree".
Notes of Decisions
In Re the Marriage of Bradford, 557 S.W.2d 720 (Mo. Ct. App. 1977).
· cites it 5× “1975, is taken, was to abolish interlocutory decrees in those states which have them, and suggested that in any event, the rules governing civil actions would prevail over apparently contradictory provisions in the Act because of the specific language of *725 § 452.300(1), RSMo…”
In Re Marriage of Crow & Gilmore, 103 S.W.3d 778 (Mo. 2003).
· cites it 2× “1998, authorizes an award of attorney’s fees for “the cost to the other party of maintaining or defending any proceeding pursuant to section 452.300 to 452.415.” It is within the trial court’s discretion whether or not to award attorney’s fees under section 452.”
Brueggemann v. Brueggemann, 551 S.W.2d 853 (Mo. Ct. App. 1977).
· cites it 3× “355 of the Act provides: “The court from time to time after considering all relevant factors including the financial resources of both parties may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under sections…”
Lueckenotte v. Lueckenotte, 34 S.W.3d 387 (Mo. 2001).
· cites it 2× “1998, authorizes an award of attorney’s fees for “the cost to the other party of maintaining or defending any proceeding pursuant to section 452.300 to 452.415.” It is within the trial court’s discretion whether or not to award attorney’s fees under section 452.”
Hoffmann v. Hoffmann, 676 S.W.2d 817 (Mo. 1984).
· cites it 2× “For purposes of sections 452.300 to 452.415 only, "marital property" means all property acquired by either spouse subsequent to the marriage except: (1) Property acquired by gift, bequest, devise or descent; (2) Property acquired in exchange for property acquired prior to the…”
Labarca v. Labarca, 534 S.W.3d 329 (Mo. Ct. App. 2017).
· cites it 3× “judgment: , Unless otherwise indicated, the court from time to time after considering all relevant factors including the financial resources of both parties, the merits of the case and the actions of the parties during the pendency of the action, may order a party to pay a…”
Bruns v. Bruns, 186 S.W.3d 449 (Mo. Ct. App. 2006).
· cites it 3× “1 allows for the recovery of costs associated with “maintaining or defending any proceeding pursuant to sections 452.300 to 452.415 and for attorney’s fees, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding and after entry…”
Corder v. Corder, 546 S.W.2d 798 (Mo. Ct. App. 1977).
· cites it 2× “All furnishings and furniture therein, and all other personal property not otherwise specifically mentioned, was apparently acquired subsequent to the marriage but prior to the effective date of the Dissolution of Marriage Act and treated as owned by the wife and husband as…”
Danelle M. Frantz, n/k/a Danelle M. Shipp v. David B. Frantz, 488 S.W.3d 167 (Mo. Ct. App. 2016).
· cites it 2× “1 authorizes the trial court, “after [it has] considered] all relevant factors including the financiaLre-sources of both parties, the merits of the case and the actions of the parties during the pendency of the action,” to balance the equities and “order a party to pay a…”
In Re Marriage of Pahlow, 39 S.W.3d 87 (Mo. Ct. App. 2001).
· cites it 2× “For purposes of sections 452.300 to 452.415 only, "marital property" means all property acquired by either spouse subsequent to the marriage except: (1) Property acquired by gift, bequest, devise, or descent; (2) Property acquired in exchange for property acquired prior to the…”
Sullivan v. Sullivan, 159 S.W.3d 529 (Mo. Ct. App. 2005).
· cites it 2× “For purposes of sections 452.300 to 452.415 only, “marital property” means all property acquired by either spouse subsequent to the marriage except: (1)Property acquired by gift, bequest, devise, or descent; (2) Property acquired in exchange for property acquired prior to the…”
State ex rel. Lineback v. Williams, 787 S.W.2d 334 (Mo. Ct. App. 1990).
· cites it 11× “Respondent’s argument in the brief filed is: Respondent submits the special venue § 452.300 RSMo applies, by its terms, to all proceedings under §§ 452.”
— Mo. Rev. Stat. § 452.300(1) — 3 cases
In Re the Marriage of Bradford, 557 S.W.2d 720 (Mo. Ct. App. 1977).
“1975, is taken, was to abolish interlocutory decrees in those states which have them, and suggested that in any event, the rules governing civil actions would prevail over apparently contradictory provisions in the Act because of the specific language of *725 § 452.300(1), RSMo…”
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