Missouri Revised Statutes

Mo. Rev. Stat. § 452.360 (2026)

Judgment of dissolution or legal separation final when entered

✓ current as of May 2026

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452.360. Judgment of dissolution or legal separation final when entered — appeal, effect of — distribution of property final — conversion of judgment of legal separation to dissolution, when — notice, to whom. — 1. A judgment of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal. An appeal from a judgment of dissolution that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of that provision of the judgment which dissolves the marriage beyond the time for appealing from that provision, so that either of the parties may remarry pending appeal.

2. 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.

3. No earlier than ninety days after entry of a judgment of legal separation, on motion of either party, the court may convert the judgment of legal separation to a judgment of dissolution of marriage.

4. On motion of both parties, the court shall set aside a judgment of legal separation.

5. The circuit clerk shall give notice of the entry of a judgment of legal separation or dissolution to the department of social services.

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(L. 1973 H.B. 315 § 13, A.L. 1998 S.B. 910)

(1976) Held that court rule 75.01 is not affected by this section and insofar as an appeal is concerned the judgment does not become final until thirty days after its entry absent the timely filing of a motion for new trial. State ex rel. Nilges v. Rush (A.), 532 S.W.2d 857.

(1978) Distinction between separate maintenance and legal separation; held separate maintenance decree cannot be converted into a decree of dissolution as a decree of legal separation can. In re Marriage of E. A. W. (A.), 573 S.W.2d 689.

(1987) Converting a decree of separation into a decree of dissolution is a new and separate cause of action, so full notice must be given to adverse parties. Madsen v. Madsen, 731 S.W.2d 324 (Mo.App. E.D.).

(1987) Unappealed partial decree was final although not subject to appeal and issues unresolved in decree were not abated by death of ex-husband. Fischer v. Seibel, 733 S.W.2d 469 (Mo.App.W.D.).

Notes of Decisions

Cited in 31 cases, 1975–2013 · leading case: Cregan v. Clark, 658 S.W.2d 924 (Mo. Ct. App. 1983).

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Cregan v. Clark, 658 S.W.2d 924 (Mo. Ct. App. 1983). · cites it 8× “Cognizance is taken that § 452.360(3), RSMo 1978, provides that on motion of either party no earlier than ninety days after entry of a decree of legal separation, the court may convert a decree of legal separation into a decree of dissolution of marriage.”

Rojas v. Rojas, 595 S.W.2d 729 (Mo. Ct. App. 1980). · cites it 10× “§ 452.360 RSMo 1978 provides in pertinent part: it * * * 3.”

Chrun v. Chrun, 751 S.W.2d 752 (Mo. 1988). · cites it 3× ““To hold otherwise would be to repeal that portion of Section 452.360, RSMo 1978, which provides that a ‘court’s order as it affects distribution of marital property shall be a final order not subject to modification.”

Reimer v. Hayes, 365 S.W.3d 280 (Mo. Ct. App. 2012). · cites it 3× “06(b) “allows a trial court to set aside a judgment based on a finding of fraud,” a proceeding in the original action which would not constitute an impermissible collateral attack.”

State Ex Rel. McClintock v. Black, 608 S.W.2d 405 (Mo. 1980). · cites it 2× “To hold otherwise would be to repeal that portion of § 452.360, RSMo 1978, which provides that a “court’s order as it affects distribution of marital property shall be a final order not subject to modification.”

Cone v. Kenney, 137 S.W.3d 487 (Mo. Ct. App. 2004). “See Sections 452.360 and 452.325. Further, the doctrine of res judicata is applicable to dissolution actions as to all property dealt with under the original decree.”

Stamatiou v. El Greco Studios, Inc., 898 S.W.2d 571 (Mo. Ct. App. 1995). · cites it 5× “El Greco construes § 452.360, RSMo 1994, to mean that the trial court’s property division awarding Ms.”

Flanary v. Rowlett, 612 S.W.2d 47 (Mo. Ct. App. 1981). · cites it 3× “1975 (now Section 452.360, RSMo 1978), have a direct bearing: “A decree of dissolution of marriage .”

Bakewell v. Breitenstein, 396 S.W.3d 406 (Mo. Ct. App. 2013). · cites it 4× “” Section 452.360. See also In re Marriage of Green, 341 S.”

S v. S., 595 S.W.2d 357 (Mo. Ct. App. 1980). · cites it 2× “The entry of the judgment of legal separation was subsequently converted to a decree in dissolution, and the pleadings by both the husband and wife conceded that the marriage was irretrievably broken so that, pursuant to § 452.360(1) RSMo 1978, that portion of the decree is…”

Stratman v. Stratman, 948 S.W.2d 230 (Mo. Ct. App. 1997). · cites it 2× “Section 452.360 defines a final order in the dissolution context: 1.”

In Re Marriage of Bruske, 656 S.W.2d 288 (Mo. Ct. App. 1983). · cites it 2× “(§ 452.360, RSMo 1978 1 ). The judgment is affirmed.”

Show all 31 citing cases →

— Mo. Rev. Stat. § 452.360(1) — 3 cases

S v. S., 595 S.W.2d 357 (Mo. Ct. App. 1980). “The entry of the judgment of legal separation was subsequently converted to a decree in dissolution, and the pleadings by both the husband and wife conceded that the marriage was irretrievably broken so that, pursuant to § 452.360(1) RSMo 1978, that portion of the decree is…”

In Re Marriage of Wineland, 609 S.W.2d 464 (Mo. Ct. App. 1980).

Hannibal v. Hannibal, 604 S.W.2d 824 (Mo. Ct. App. 1980).

— Mo. Rev. Stat. § 452.360(2) — 1 case

Massey v. Massey, 594 S.W.2d 296 (Mo. Ct. App. 1979).

— Mo. Rev. Stat. § 452.360(3) — 3 cases

Cregan v. Clark, 658 S.W.2d 924 (Mo. Ct. App. 1983). “Cognizance is taken that § 452.360(3), RSMo 1978, provides that on motion of either party no earlier than ninety days after entry of a decree of legal separation, the court may convert a decree of legal separation into a decree of dissolution of marriage.”

Rojas v. Rojas, 595 S.W.2d 729 (Mo. Ct. App. 1980). “§ 452.360 RSMo 1978 provides in pertinent part: it * * * 3.”

Walker v. Walker, 784 S.W.2d 844 (Mo. Ct. App. 1990).

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