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Title XXX DOMESTIC RELATIONS

Chapter 452

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  452.360.  Judgment of dissolution or legal separation final when entered — appeal, effect of — distribution of property final — conversion of judgment of legal separation to dissolution, when — notice, to whom. — 1.  A judgment of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal.  An appeal from a judgment of dissolution that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of that provision of the judgment which dissolves the marriage beyond the time for appealing from that provision, so that either of the parties may remarry pending appeal.

  2.  The court's judgment of dissolution of marriage or legal separation as it affects distribution of marital property shall be a final judgment not subject to modification.

  3.  No earlier than ninety days after entry of a judgment of legal separation, on motion of either party, the court may convert the judgment of legal separation to a judgment of dissolution of marriage.

  4.  On motion of both parties, the court shall set aside a judgment of legal separation.

  5.  The circuit clerk shall give notice of the entry of a judgment of legal separation or dissolution to the department of social services.

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(L. 1973 H.B. 315 § 13, A.L. 1998 S.B. 910)

(1976) Held that court rule 75.01 is not affected by this section and insofar as an appeal is concerned the judgment does not become final until thirty days after its entry absent the timely filing of a motion for new trial. State ex rel. Nilges v. Rush (A.), 532 S.W.2d 857.

(1978) Distinction between separate maintenance and legal separation; held separate maintenance decree cannot be converted into a decree of dissolution as a decree of legal separation can.  In re Marriage of E. A. W. (A.), 573 S.W.2d 689.

(1987) Converting a decree of separation into a decree of dissolution is a new and separate cause of action, so full notice must be given to adverse parties.  Madsen v. Madsen, 731 S.W.2d 324 (Mo.App. E.D.).

(1987) Unappealed partial decree was final although not subject to appeal and issues unresolved in decree were not abated by death of ex-husband.  Fischer v. Seibel, 733 S.W.2d 469 (Mo.App.W.D.).


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

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