Section 6.41 Judgment of Dissolution of Marriage

• Library: Family Law Deskbook and 2014 Supp

IX. (§6.41) Judgment of Dissolution of Marriage

The judgment of dissolution of marriage should contain the following findings and orders by the court:

The appearance by the parties, either in person, by attorney, or in default.

The last four digits only of the Social Security numbers of the parties. Section 452.312.3, RSMo Supp. 2011.

That at least one of the parties has been a resident
of Missouri or a member of the armed services stationed in Missouri for 90 days next preceding the commencement of the petition for dissolution.

That 30 days have elapsed since the filing of the petition for dissolution.

Marriage Irretrievably Broken/Not Irretrievably Broken: For a dissolution of marriage judgment, a finding that there remains no reasonable likelihood that the marriage between the parties can be preserved and, therefore, the marriage is irretrievably broken and is dissolved. Section 452.305.1(2), RSMo Supp. 2011. For entry of a judgment of legal separation, the court must find that there remains a reasonable likelihood that the marriage can be preserved and, therefore,
the marriage is not irretrievably broken. Section 452.305.2(2).

The name and age of each unemancipated child of the marriage.

Parenting Plan: Section 452.375.9, RSMo Supp. 2011, requires that the judgment contain a specific written parenting plan addressing each matter detailed in what is now § 452.310.8, RSMo Supp. 2011. The topics specified in § 452.310.8 are the minimum subject matters required for inclusion in the parenting plan. In re Marriage of Wilson, 181 S.W.3d 575, 580–81 (Mo. App. S.D. 2005). On appeal, judgments with parenting plans that fail to include all the specific terms mandated by § 452.310.8 have been held incomplete and remanded for revision. See:

Ø Davis v. Schmidt, 210 S.W.3d 494, 507–09 (Mo. App. W.D. 2007)

Ø Wills v. Wills, 197 S.W.3d 187 (Mo. App. W.D. 2006)

Ø In re Marriage of Murphey, 207 S.W.3d 679 (Mo. App. S.D. 2006)

Rejection of Parenting Plan: If the court rejects the parenting plan submitted by the parties, the judgment must include a finding detailing the specific relevant factors that caused the court to reject the custodial arrangement. Section 452.375.6.

9. Custody Factors for Court’s Parenting Plan: When the parties are unable to agree on custodial arrangements for the children or the court determines that the arrangement proposed by the parties is not in the best interests of the child, the judgment must contain written findings based on the public...