452.415. When sections 452.300 to 452.415 shall apply. — 1. Sections 452.300 to 452.415 apply to all proceedings commenced on or after January 1, 1974.
2. Sections 452.300 to 452.415 apply to all pending actions and proceedings commenced prior to January 1, 1974, with respect to issues on which a judgment has not been entered. Pending actions for divorce or separation are deemed to have been commenced on the basis of irretrievable breakdown. Evidence adduced after January 1, 1974, shall be in compliance with sections 452.300 to 452.415.
3. Sections 452.300 to 452.415 apply to all proceedings commenced after January 1, 1974, for the modification of a judgment or order entered prior to January 1, 1974.
4. In any action or proceeding in which an appeal was pending or a new trial was ordered prior to January 1, 1974, the law in effect at the time of the order sustaining the appeal or the new trial governs the appeal, the new trial, and any subsequent trial or appeal.
Notes of Decisions
Cited in
26
cases, 1975–1986 · leading case:
Hart v. Hart, 539 S.W.2d 679 (Mo. Ct. App. 1976).
Hart v. Hart, 539 S.W.2d 679 (Mo. Ct. App. 1976).
· cites it 4× “[2] Under the new dissolution of marriage law, which applies to these "proceedings," § 452.415, subsection (1), it is expressly stated that if a party fails to comply with a provision of a decree the obligation of the other party to make payments for support is not suspended,…”
In Re Marriage of Burris, 557 S.W.2d 917 (Mo. Ct. App. 1977).
· cites it 3× “Under the provisions of Section 452.415(4) RSMo 1969, those facts make the prior divorce law applicable to that case.”
Crews v. Crews, 607 S.W.2d 709 (Mo. Ct. App. 1980).
· cites it 5× “300 to § 452.415, RSMo 1978. Section 452.415(3), RSMo 1978 makes the new dissolution act, including section 452.”
Ferry v. Ferry, 586 S.W.2d 782 (Mo. Ct. App. 1979).
· cites it 2× “415, 1 which, pursuant to Section 452.415, controls this proceeding, although the antenuptial agreement and the marriage predated the Act.”
Kanady v. Kanady, 527 S.W.2d 704 (Mo. Ct. App. 1975).
· cites it 3× “Section 452.415(2) RSMo 1969. That act contains a section which sets forth guidelines for the trial court’s use in determining custody of a child, Section 452.”
Wood v. Wood, 709 S.W.2d 143 (Mo. Ct. App. 1986).
· cites it 3× “Section 452.415(3), RSMo 1978 makes the new dissolution act, including section 452.”
L. H. Y. v. J. M. Y., 535 S.W.2d 304 (Mo. Ct. App. 1976).
· cites it 3× “Section 452.415(3) RSMo Supp.1974. . See also, Cook v.”
In Re Marriage of Cook, 532 S.W.2d 833 (Mo. Ct. App. 1975).
· cites it 2× “The statute provides that: “The court shall not modify a prior custody decree unless it finds, upon the basis of facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of…”
Lambert v. Lambert, 593 S.W.2d 613 (Mo. Ct. App. 1980).
· cites it 2× “§ 452.415 RSMo Supp.1973. The parties’ divorce decree was entered February 19, 1966.”
Meinking v. Meinking, 529 S.W.2d 440 (Mo. Ct. App. 1975).
· cites it 2× “Appellants contend that it is, citing § 452.415, subd. 2., RSMo 1973 Supp., as follows: “2.”
Est. of Satz v. Comm'r, 78 T.C. 1172 (Tax Ct. 1982).
“415 ↩ (Vernon 1977). Since the decedent and Ruth were divorced in 1971 and decedent died in 1973, the new provisions are not applicable to the disposition of this case.”
Nichols v. Nichols, 538 S.W.2d 727 (Mo. Ct. App. 1976).
“§ 452.415 2, RSMo 1973 Supp. Insofar as the problem here presented is concerned, both the prior law (§ 452.”
— Mo. Rev. Stat. § 452.415(2) — 4 cases
Kanady v. Kanady, 527 S.W.2d 704 (Mo. Ct. App. 1975).
“Section 452.415(2) RSMo 1969. That act contains a section which sets forth guidelines for the trial court’s use in determining custody of a child, Section 452.”
— Mo. Rev. Stat. § 452.415(3) — 8 cases
Wood v. Wood, 709 S.W.2d 143 (Mo. Ct. App. 1986).
“Section 452.415(3), RSMo 1978 makes the new dissolution act, including section 452.”
L. H. Y. v. J. M. Y., 535 S.W.2d 304 (Mo. Ct. App. 1976).
“Section 452.415(3) RSMo Supp.1974. . See also, Cook v.”
Crews v. Crews, 607 S.W.2d 709 (Mo. Ct. App. 1980).
“300 to § 452.415, RSMo 1978. Section 452.415(3), RSMo 1978 makes the new dissolution act, including section 452.”
In Re Marriage of Cook, 532 S.W.2d 833 (Mo. Ct. App. 1975).
“The statute provides that: “The court shall not modify a prior custody decree unless it finds, upon the basis of facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of…”
— Mo. Rev. Stat. § 452.415(4) — 1 case
In Re Marriage of Burris, 557 S.W.2d 917 (Mo. Ct. App. 1977).
“Under the provisions of Section 452.415(4) RSMo 1969, those facts make the prior divorce law applicable to that case.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.