Section 26.11 Modification of Decree When Court Lacked Jurisdiction Over Spouse to Divide Property or to Award Support
| Library | Family Law Deskbook and 2014 Supp |
II. (§26.11) Modification of Decree When Court Lacked Jurisdiction Over Spouse to Divide Property or to Award Support
Sections 452.330 and 452.335, RSMo 2000, specifically provide for reopening of a case already in judgment when the court lacked personal jurisdiction over an absent spouse at the time the decree was entered. This provision is especially meaningful in light of Rule 54.06, which provides for long-arm personal service on absent spouses or ex-spouses under certain specified conditions.
The statutes clearly direct the court to consider all factors that could have been considered in the initial proceedings...
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