Missouri Divorce & Family Law Blog

Missouri Divorce & Family Law Blog

for Missourians struggling with divorce and family law matters

Category Archives: Res Judicata and Collateral Estoppel

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Property division in Missouri divorce is final and cannot be modified

Posted in Assets and Debts, Divorce, Financial Issues, Property-Debt Division, Res Judicata and Collateral Estoppel, Retirement Plans and Division
Recent Case:  Division of Property is final and non-modifiable in divorce proceedings.  Statute enacted after the end of divorce case does not apply retroactively. In a recent case from the Missouri Court of Appeals, Wife appeals the trial court’s determination that her agreement to turn over her survivor interest in her former husband’s (“Father”) pension… Continue Reading

Case law Update: A finding of Paternity in a Dissolution proceeding is Res Judicata on the issue of Paternity.

Posted in Divorce, Guardian Ad Litem, Paternity, Res Judicata and Collateral Estoppel, Uncategorized
Trial judge is prohibited from ordering ex-husband to submit to genetic testing where previous divorce judgment found that ex-husband was not the father of child, where child was represented by a guardian ad litem (“GAL”) and where husband and wife agreed that husband was not the father. Failure to join the putative father did not… Continue Reading