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Judgment Of Legal Separation Form. This is a Missouri form and can be use in 21st Circuit (St. Louis County) Local Circuit Courts.
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Tags: Judgment Of Legal Separation, CCFC188, Missouri Local Circuit Courts, 21st Circuit (St. Louis County)
IN THE CIRCUIT COURT OF ST. LOUIS COUNTY, MISSOURI
In re the Marriage of
_________________
(First)
Petitioner,
_____________
(Middle)
____________________
(Last)
_________
(Jr./Sr./III)
_____________
(Middle)
____________________
(Last)
_________
(Jr./Sr./III)
-and_________________
(First)
Respondent.
Parties
Case No. ____________
Division No. ____________
Judgment of Legal Separation
1.
As used herein, “Wife” refers to Petitioner and “Husband” refers to Respondent.
As used herein, “Husband” refers to Petitioner and “Wife” refers to Respondent.
2. Appearances (Check all that apply)
Respondent remains in default as to the pleadings.
Petitioner appears in
Petitioner appears by
Guardian ad Litem
person.
attorney.
appears in person.
Respondent appears in
Respondent appears by
Cause submitted upon
affidavit of Petitioner.
person.
attorney.
Cause submitted upon
Third Party _____________
Third Party ___________
affidavit of Respondent.
appears in person.
appears by attorney.
3. The last four digits of Petitioner’s Social Security Number are ___________ and the last four
digits of Respondent’s Social Security Number are ___________.
4.
Respondent is not on active duty in the armed services of the United States now or any time
since the filing of the petition herein.
Respondent is on active duty in the armed services of the United States, but has waived his
or her rights pursuant to the Servicemembers Civil Relief Act of 2003.
Jurisdiction
5. Thirty (30) days have elapsed since the filing of the petition herein.
6.
The court has personal jurisdiction over Respondent.
The court does not have personal jurisdiction over Respondent.
7.
Petitioner has been a resident of the State of Missouri for at least ninety (90) days
immediately prior to the filing of the petition herein.
Respondent has been a resident of the State of Missouri for at least ninety (90) days
immediately prior to the filing of the petition herein.
Marriage
8. The parties were married on _____________________, and the marriage was registered in
______________________________________________________________________.
9. The parties separated on or about ________________________.
10. There is a reasonable likelihood that the marriage of the parties can be preserved, and the
marriage is therefore not irretrievably broken.
Children
11. Wife is not now pregnant.
Form CCFC188-11/09
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12.
There are no unemancipated children born or adopted of the marriage.
There is/are ___________ unemancipated living child(ren) born or adopted of the marriage,
hereinafter referred to as “minor child(ren)”. The name(s) and age(s) of the minor child(ren) are:
Name of Child
Age
It is therefore ordered, adjudged and decreed that:
13. The Petitioner and Respondent are legally separated.
Maintenance
14. Maintenance to Petitioner
No maintenance is to be paid to Petitioner by Respondent. This order is not subject to
modification.
Respondent is ordered to pay to Petitioner the sum of ____________ per month as and for
maintenance. Said maintenance is _______ subject to modification.
__________________________________________________________________________________________
The court lacks jurisdiction to enter any orders with respect to maintenance of Petitioner.
15. Maintenance to Respondent
No maintenance is to be paid to Respondent by Petitioner. This order is not subject to
modification.
Petitioner is ordered to pay to Respondent the sum of ____________ per month as and for
maintenance. Said maintenance is _______ subject to modification.
__________________________________________________________________________________________
The court lacks jurisdiction to enter any orders with respect to maintenance of Respondent.
16. Wage Assignment for Maintenance (If maintenance is to be paid by either party)
Income withholding shall be prepared by the obligee and issued by the Circuit Clerk upon the
effective date of this order.
Income withholding shall not issue for the following reason(s):
_________________________________________________________________________________________.
Child Custody (If there are unemancipated children)
17.
The court does NOT have jurisdiction over the custody arrangements of the minor child(ren)
pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, RSMo. §452.700 et.
seq. and therefore enters no further orders with respect to the custodial arrangements of the
minor child(ren).
The court has jurisdiction over the custody arrangements of the minor child(ren) pursuant to
the Uniform Child Custody Jurisdiction and Enforcement Act, RSMo. §452.700 et. seq.
The court approves the provisions of Part A of the parenting plan marked exhibit _________
pertaining to the custodial arrangements of the minor child(ren) and finds that the custodial
arrangements contained in said parenting plan are in the best interests of the minor child(ren).
Therefore, the court orders the provisions of Part A of the said parenting plan pertaining to
the custodial arrangements of the minor child(ren) and incorporates by reference all of the terms
Form CCFC188-11/09
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and conditions pertaining to the custodial arrangements of the minor child(ren) set forth in Part A
of said parenting plan as if fully set forth herein.
The sheriff or other law enforcement officers shall enforce the rights of any person to custody
or visitation pursuant to RSMo. §452.425.
__________________________________________________________________________________________
Child Support (If there are unemancipated children)
18.
The court does not have jurisdiction to enter any orders with respect to the support of the
minor child(ren).
The court orders the provisions of Part B of the parenting plan marked exhibit _________ ,
pertaining to the support of the minor child(ren) and incorporates by reference all of the terms
and conditions set forth in Part B of said parenting plan as if fully set forth herein.
Marital and Nonmarital Property and Marital Debt
19. Division of Property
The parties have entered into a separation agreement marked exhibit ___________ which is
found to be not unconscionable. Said separation agreement is incorporated herein and the
parties are ordered to perform the terms and conditions set forth therein as well as such further
and other orders contained in this judgment.
The parties have not entered into a separation agreement. All marital and non-marital
property and marital debt are divided in exhibit ___________. Said division is fair and equitable
and the parties are ordered to perform the terms and conditions set forth therein.
20. Real Property
The legal description of the real property or properties divided herein is more fully set forth in
Exhibit(s) _________________ which is incorporated into and made a part of this judgment.
If the recording fee is paid by Petitioner/Respondent, the Circuit Clerk is ordered to record a
certified copy of this judgment with the Recorder of Deeds in the following county or counties
where the real property or properties is located:
_________________________________________________________________________________
21. Pension and Retirement Plans
The court intends its judgment to be a qualified domestic relations order and retains jurisdiction
for the purpose of establishing or maintaining this order as a qualified domestic relations order
or to revise or conform its terms so as to effectuate the expressed intent of this order.
22. Other Orders Concerning Property and Debt
________________ is ordered to pay to ________________ the sum of ____________ as and
for ______________________________________________________________________________.
23. This judgment divides all marital and nonmarital property and marital debt. No other marital or
non-marital property or marital debt remains to be divided by the Court except as set forth
herein.
Attorney’s Fees
24.
Petitioner shall pay to _____________________ the sum of _____________ as and for
Respondent’s attorney’s fees in addition to the sum of _____________ previously ordered.
Respondent shall pay to _____________________ the sum of _____________ as and for
Petitioner’s attorney’s fees in addition to the sum of _____________ previously ordered.
25.
Petitioner shall pay to _____________________ the sum of _____________ as and for
Guardian ad Litem fees in addition to the sum of _____________ previously ordered.
Respondent shall pay to _____________________ the sum of _____________ as and for
Guardian ad Litem fees in addition to the sum of _____________ previously ordered.
Form CCFC188-11/09
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Name Change
26.
Wife is granted restoration of her _____________ name of ____________________________.
(Maiden or Former)
(New Full Name)
Other Orders
27.
Other orders are as per the attached Exhibit Number___________, which is incorporated by
reference as if fully set forth herein.
__________________________________________________________________________________________
Court Costs
28.
Court costs are to be paid from the court cost deposit(s) previously posted.
Court costs are waived.
Waiver of Right to Rehearing (If case is heard by a Commissioner pursuant to RSMo. §487.010 et. seq.)
We, the undersigned parties, do hereby acknowledge receipt of the findings and
recommendations of the commissioner, and waive the right to file a motion for rehearing in this
case.
(If heard by a Family Court Judge)
__________________________
Judge
(If heard by a Family Court Commissioner)
Findings and Recommendations of Commissioner:
___________
Date
__________________________
Commissioner
___________
Date
Approved and Adopted as Judgment of the Court:
__________________________
Judge
___________
Date
A certified copy of this judgment is to be mailed to the following person(s): (Check all applicable boxes)
Petitioner’s Attorney
Respondent’s Attorney
Guardian ad Litem
____________________________
____________________________
____________________________
____________________________
(Street)
____________ ______ ______
(City)
(State) (Zip)
_________________________
(Telephone Number)
____________________________
(Street)
____________ ______ ______
(City)
(State) (Zip)
_________________________
(Telephone Number)
____________________________
(Street)
____________ ______ ______
(City)
(State) (Zip)
_________________________
(Telephone Number)
(Signature of Petitioner’s Attorney)
Petitioner
____________________________
(Signature of Petitioner)
____________________________
(Street)
____________ ______ ______
(City)
(State) (Zip)
_________________________
(Telephone Number)
Form CCFC188-11/09
(Signature of Respondent’s Attorney)
(Signature of Guardian ad Litem)
Respondent
____________________________
(Signature of Respondent)
____________________________
(Street)
____________ ______ ______
(City)
(State) (Zip)
_________________________
(Telephone Number)
Third Party
____________________________
(Signature of Third Party)
____________________________
(Street)
____________ ______ ______
(City)
(State) (Zip)
_________________________
(Telephone Number)
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