Share this article
Teca Menu
- Teca Home
- Teca translator
- Expression-web-design-review.html
- FREE INFO BAGS PURSES
- Carpet Dye info
- Hydroponics How to
- Warning needle sticking
- to kids who were born in
- Learn About Spam
- Canon Powershot S3 IS Review
- do not buy saeco
- Teca thanks premier
- revenge the telemarketer
- dell exploding
- Teca register
- No Balls
- census eupdate
- census issues clarified
- FOXTEL INFO
- saving on petrol
- Teca Landlords tenants
- Articles Index
- TECA Games
- Recycled water
- Council Letter
- ausis goldn brown
- storm warning
- Teca Jokes
- Teca Jokes text xml
- Teca Fun Pics
- Teca News
- Teca POLL
- Teca centre WIKI
- Help at TECA
- Press Centre
- Link Me to TECA
- Teca Classifieds
- Auction at TECA
- JoomlA
- Links More
- teca Google info
GET ONLINE WITH AUSIS
VISIT OUR DOMAIN SERVICES FOR GREAT PACKAGES TO GET YOU ONLINE FASTER
Fabulous organisation for multiple sclerosis in the UKIn our research we came across the above link and found the site was run by sqiffy over at stumble upon. Please take the time to visit for a bit of fun and education...
HAVE A NICE DAY
WE WISH YOU LUCK
by: Lloyd M. Nolan
DISSOLUTION BY AFFIDAVIT
Personal Appearance for Hearing Not Required in Missouri
The elimination of the requirement of personal appearance for hearing in Missouri dissolution of marriage actions arose out of, what may be termed in its broadest sense, a prisoner’s civil rights action.
In State ex rel. Kittrell v. Carr, 878 S.W.2d 859 (Mo. App. 1994), the Missouri Court of Appeals, Eastern District, addressed the issue of whether a personal appearance for hearing is necessary to obtain a Judgment of Dissolution of Marriage. The appellant in that case was an inmate in custody of the Missouri Department of Corrections whose petition for Dissolution of Marriage was dismissed for his failure to appear for a hearing after his wife’s default.
The inmate’s spouse had been served, but failed to file any responsive pleading, and was in default. There were no children and the petitioner had waived his rights to any property that could be considered marital property. The inmate moved for a default judgment which was denied. The case was set for hearing and dismissed by the court when the petitioner failed to appear, the court having previously denied the inmate’s petition for writ of habeus corpus to testify.
The inmate filed thereafter filed a petitioner for a writ of mandamus with the court of appeals to require the circuit court to enter a judgment of dissolution in his case. His petition alleged that the circuit court had denied him meaningful access to the courts by dismissing his petition. After a brief discussion regarding prisoners’ rights to meaningful access to the courts and the judicial system, the concluded that a personal appearance at a default hearing is unnecessary. The court reasoned that, by failing to file any response or defend the action after being duly served, wife had admitted the traversable allegations of the petition.
The court held that procedures for obtaining a default judgment in civil actions under Rules 74.04 (Summary Judgment) and 74.05 (Default Judgment) of the Missouri Supreme Court Rules are equally available for use in actions for dissolution of marriage. Although Rule 74.05 would not, standing alone, permit default judgments in cases involving division of property due to the necessity of proving value, and would never be appropriate to determine child custody or support, the court held that there would be no impediment to judgment where neither property, nor child custody or support are at issue.
Despite the protest of the lower court, the appellate court stated “Although a personal appearance and live witnesses may at one time have been a prerequisite to issuance of a dissolution decree, we find no such absolute requirement in the dissolution statutes as they are presently constituted.” Id. at 863.
Accordingly, although requirements may vary, between counties and individual judges. Dissolution of Marriage is available in many cases without either party ever appearing in court.
About The Author Lloyd M. Nolan
Born: August 2, 1958, Alton, Illinois Education: B.S. Govt. 1981 - Southern Illinois University
Memberships: Missouri Bar Association, Illinois State Bar Association, Christian Attorneys of St. Louis |
OUR ASSOCIATES
SITES
TECACENTRE.NET COMMUNITY SOLUTIONS A HEAP OF INFO HAVE YOUR SAY AND MORE
tecacentre.netGAMES A PLENTY at TECACENTRE.NET
tecacentre games, Frogger, shooting, golf, bowling and moreSUBMIT YOUR ARTICLES AND INFORMATIVE ARTICLES A PLENTY TO ENLIGHTEN YOU
the-doctors.info solutions and articlesLIVE SOLUTIONS BOOK BY EMAIL FOR AN APPOINTMENT AND ARTICLES A PLENTY
aussiess.info solutions and articlesSUBMIT YOUR PRODUCTS AND SERVICES FOR TESTING TO ENLIGHTEN YOU ON HOW TO BECOME THE BEST and for everything that is best
thebestisit.com for everything that is bestDon't forget ausis great mate...
Post Comments Queries or Suggestions on ourausis.info Bulletin Board
Email: ausisit@gmail.com
ausis WIKI Our ausis WIKI pages were you can communicate with us or others!!
![[Valid RSS]](../valid-rss.png "Validate my RSS feed")
The owners of this site are to be held harmless as each individual that posts hereon is responsible for their own comments. Please note that any mention of any trademarks, names, products etc are the property of the original owners/holders. Use of this site is based on you agreeing to waive any and all claims against the publisher and associated businesses or owners of this site. Site owners will not be held liable for any actions or third party actions that maybe encountered using this site. This is due to the fact that this site is based on and for a community effort to help keep peace. Your own independent legal advice should be gained on subjects listed hereon prior to using them for your own use, these and other terms may apply and must be read in conjunction with the full terms, available on request.
All work is copyright (c) www.tecacentre.net and WWW.AUSIS.INFO (c) 1990 -2007 Used under licence All rights reserved.