Legal Question in Credit and Debt Law in Missouri

What kind of evidence do I need for a divorce?

What kind of evidence do I need? It is uncontested, he has been served his papers and hasn't responded in 2 months, the judge says that I need evidence.


Asked on 6/04/09, 8:37 pm

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: What kind of evidence do I need for a divorce?

You can solve your problem by providing the judge with an affidavit, which is a sworn statement made in front of a notary. You can find the form for an affidavit by searching Google. Essentially your affidavit needs to state:

1. That the marriage is irretrievably broken and that there is no possibility that the marriage can be preserved.

2. That you have divided up the personal and real property and that there is nothing for the Court to divide.

3. That you are not pregnant.

4. That neither you nor your husband is on active duty in the military.

5. That you are not seeking any maintenance or child support.

You sign this in front of a notary and send a copy to the court with a request to enter judgment. The affidavit provides evidence (your testimony) about the matter and permits the Court to make findings of fact and reach conclusions of law.

The other solution, of course, is to hire a lawyer who will call you to the stand, ask these questions, and ask the judge to enter the decree.

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Answered on 6/05/09, 11:21 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: What kind of evidence do I need for a divorce?

You need to hire an attorney.The attorney will know what evidence is required.

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Answered on 6/04/09, 11:09 pm


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