Judgment of dissolution or legal separation final when entered
When a judge signs a divorce or legal separation, it is official right away. If someone appeals the divorce but does not argue that the marriage should stay intact, the divorce part is still final, so either person can remarry while the appeal is going on. The part of the judgment that splits up property cannot be changed later. If a couple got a legal separation, either person can ask the court to change it to a full divorce, but only after 90 days have passed. If both people agree, they can ask the court to cancel a legal separation. The court clerk also has to notify the department of social services when a legal separation or divorce is entered.
452.360. or when entered — , effect of — of property final — of to , 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 does not delay the of that of the 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 shall be a not subject to .
3. No earlier than ninety days after of a judgment of legal separation, on of either , 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 a judgment of legal separation.
5. The shall give notice of the entry of a judgment of legal separation or dissolution to the of social services.
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Source & history notes
(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.).
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.