Section 27.8 Burden of Proof

• Library: Family Law Deskbook and 2014 Supp

2. (§27.8) Burden of Proof

Missouri courts are obligated to afford a strong presumption of validity to the judgments of other states. See:

· Cook v. Cook, 342 U.S. 126 (1951)

· Rice v. Rice, 336 U.S. 674 (1949)

· Esenwein v. Commonwealth of Pa. ex rel. Esenwein, 325 U.S. 279 (1945)

Although the presumption of validity attached to foreign judgments is rebuttable, the burden of attacking the validity of the judgment of a sister state rests heavily on the assailant and must be met by clear and convincing...