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Title XXX DOMESTIC RELATIONS

Chapter 452

Effective - 28 Aug 1998 bottom

  452.300.  Procedure and venue. — 1.  The rules of the supreme court and other applicable court rules shall govern all proceedings pursuant to sections 452.300 to 452.415.

  2.  A proceeding for dissolution of marriage, legal separation, or declaration of invalidity of marriage shall be entitled:  "In re the Marriage of ______ and ______".

  3.  The initial pleading in an original proceeding pursuant to sections 452.300 to 452.415 shall be denominated a "petition" and the responsive pleading in an original proceeding shall be denominated an "answer".  Other pleadings in an original proceeding and all pleadings in other proceedings pursuant to sections 452.300 to 452.415 shall be denominated as provided in the rules of the supreme court and other applicable court rules.

  4.  Any party who files the initial pleading in an original proceeding pursuant to sections 452.300 to 452.415 shall be denominated the "petitioner" and any party who is required to file or who files a responsive pleading in an original proceeding shall be denominated the "respondent".  Each party shall retain such denomination from the original proceeding in any other proceedings pursuant to sections 452.300 to 452.415.

  5.  An original proceeding pursuant to sections 452.300 to 452.415 shall be commenced in the county in which the petitioner resides or in the county in which the respondent resides.  If an original proceeding is commenced in the county in which the petitioner resides, upon motion by the respondent filed prior to the filing of a responsive pleading, the court in which the proceeding is commenced may transfer the proceeding to the county in which the respondent resides if:

  (1)  The county in which the respondent resides had been the county in which the children resided during the ninety days immediately preceding the commencement of the proceeding; or

  (2)  The best interest of the children will be served if the proceeding is transferred to the county in which the respondent resides because:

  (a)  The children and at least one parent have a significant connection with the county; and

  (b)  There is substantial evidence concerning the present or future care, protection and personal relationships of the children in the county.

  6.  In proceedings pursuant to sections 452.300 to 452.415, "judgment" shall include a "decree".

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(L. 1973 H.B. 315 § 1, A.L. 1998 S.B. 910)


---- end of effective   28 Aug 1998 ----

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