Legal Question in Family Law in Missouri

Needing some advice on about best options with separation from spouse. I have been married for 15 years and have a child who is autistic. Over the last few years my spouse has become distant, moody, secretive, and mentally abusive. Nine months ago my child and I moved in with my parents hoping that it would be a wake up call for spouse but has not changed anything. I am now considering options on divorce or legal separation. I am still paying the house payment with escrow even though I am not living at home. I also pay for our child's health insurance, medical expenses, and satellite bill at home. My spouse works in construction trade, works only about 7 months out of the year, but still makes close to the same pay yearly as I do. My spouse is not working at this time and told me that he is going to the bank to get a loan because he has no money. I have a 403b with around $10,000 in it. I am afraid that I will be losing anything that I have built up but I am scared of what further damage could be if I do not do something now. I would appreciate any advice on best way to proceed.


Asked on 2/12/14, 8:08 am

2 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Consult with and hire an attorney as soon as possible. Your attorney will be able to give you specific advice. There are laws providing for immediate Orders of Protection for you and your child, and your husband may be kept out of the house legally. You may also receive an Order for custody and child support. Then, once you have these Orders in place, you may want to consider filing for divorce. If you are within my geographical area, I may be able to help you. I have handled hundreds of such cases over the last thirty-six years. If I can't help you myself, I may be able to suggest another honest, competent attorney. Feel free to contact me directly for a free telephone consultation.

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Answered on 2/12/14, 5:53 pm
Mel Franke Mel G. Franke, Attorney at Law

I agree with the above answer. If your marriage can not be saved you must file and get a PDL (pendente lite) order. It means in the interim).

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Answered on 2/14/14, 9:57 am


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