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Family & Custody
RSMo 452.314effective 28 Aug 1990

Guardian for incapacitated person may file for dissolution or separation if ward is a victim of spousal abuse

In plain English

If someone is incapacitated (cannot make their own decisions) and their guardian believes they are being abused by their spouse, the guardian can file paperwork to end the marriage or get a legal separation on that person's behalf. If the incapacitated person has religious beliefs against divorce, the guardian can choose legal separation instead. The guardian can also speak in court to support the case.

Word-for-word law

452.314. for may file for or separation if is a victim of spousal . — to the contrary, a guardian for an incapacitated person may file a for dissolution of the marriage of, or if the incapacitated person has a history of religious objection to divorce, the guardian may file for a for such incapacitated person and may give in support of the allegations contained in the petition, if the guardian has reasonable cause to believe that the incapacitated person has been the victim of abuse by the spouse of such incapacitated person.

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Source & history notes

(L. 1990 H.B. 1370, et al.)

View official source

Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 452.314: Guardian for incapacitated person may file for dissolution or separation if ward is a victim of spousal abuse | KnowMo Laws