Lawrence G. Gillespie's List of 2005's Top Domestic Cases

Summary

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Speer vs. Colon, 155 S.W.3d 60, Missouri Supreme Court, No. SC86321, handed down Feb. 15, 2005. The Supreme Court confirmed the need to comply with Section 452.375, RSMo. in all contested custody cases. The statute requires that the trial court address eight specific relevant factors if the parties have not agreed on a parenting plan. Since the amendment compelling such findings, the three districts of the Court of Appeals have decided a number of cases dealing with the question of whether the findings of the trial court are sufficient in a particular case. Prior to its decision in Speer, the Supreme Court attempted to alleviate the problem raised by this statute with its amendment to Rule 78.07. Now, in order to challenge the sufficiency of findings by a trial court, a party is obligated to bring the problem to the attention of the trial court prior to appeal.

Additionally, Speer noted that the statute does not provide for the award of primary physical custody, only joint or sole.

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Extract

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Lawrence G. Gillespie's List of 2005's Top Domestic Cases

In re Marriage of Reese, 155 S.W.3d 862, Missouri Court of Appeals, Southern District, No. 25877, handed down Feb. 23, 2005. The Southern District of the Court of Appeals reversed a trial court's unequal division of marital property that amounted to an equal division of all property, both marital and separate, where the wife's separate property consisted of her teacher's retirement. The Court of Appeals also reverse...

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