Missouri 2025 Regular Session

Missouri Senate Bill SB93 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 93
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR NURRENBERN.
6	6	1200S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To repeal sections 452.305 and 452.310, RSMo, and to enact in lieu thereof two new sections
9	9	relating to a judgment of dissolution of marriage or legal separation.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Sections 452.305 and 452.310, RSMo, are 1
13	13	repealed and two new sections enacted in lieu thereof, to be 2
14	14	known as sections 452.305 and 452.310, to read as follows:3
15	15	452.305. 1. The court shall enter a judgment of 1
16	16	dissolution of marriage if : 2
17	17	(1) The court finds that one of the parties has been a 3
18	18	resident of this state, or is a member of the armed services 4
19	19	who has been stationed in this state, for ninety days 5
20	20	immediately preceding the commencement of the proceeding and 6
21	21	that thirty days have elapsed since the filing of the 7
22	22	petition; and 8
23	23	(2) The court finds that there remains no reasonable 9
24	24	likelihood that the marriage can be preserved and that 10
25	25	therefore the marriage is irretrievably broken; and 11
26	26	(3) To the extent it has j urisdiction, the court has 12
27	27	considered and made provision for child custody, the support 13
28	28	of each child, the maintenance of either spouse and the 14
29	29	disposition of property. 15
30	30	2. The court shall enter a judgment of legal 16
31	31	separation if: 17 SB 93 2
32	32	(1) The court finds that one of the parties has been a 18
33	33	resident of this state, or is a member of the armed services 19
34	34	who has been stationed in this state, for ninety days 20
35	35	immediately preceding the commencement of the proceeding and 21
36	36	that thirty days have elapsed si nce the filing of the 22
37	37	petition; and 23
38	38	(2) The court finds that there remains a reasonable 24
39	39	likelihood that the marriage can 25
40	40	be preserved and that therefore the marriage is not 26
41	41	irretrievably broken; and 27
42	42	(3) To the extent it has jurisdictio n, the court has 28
43	43	considered and made provision for the custody and the 29
44	44	support of each child, the maintenance of either spouse and 30
45	45	the disposition of property. 31
46	46	3. Pregnancy status shall not prevent the court from 32
47	47	entering a judgment of dissolution of marriage or legal 33
48	48	separation. 34
49	49	4. Any judgment of dissolution of marriage or legal 35
50	50	separation shall include the last four digits of the Social 36
51	51	Security numbers of the parties. The full Social Security 37
52	52	number of each party and each child shal l be retained in the 38
53	53	manner required under section 509.520. 39
54	54	452.310. 1. In any proceeding commenced pursuant to 1
55	55	this chapter, the petition, a motion to modify, a motion for 2
56	56	a family access order and a motion for contempt shall be 3
57	57	verified. The petition in a proceeding for dissolution of 4
58	58	marriage shall allege that the marriage is irretrievably 5
59	59	broken and that therefore there remains no reasonable 6
60	60	likelihood that the marriage can be preserved. The petition 7
61	61	in a proceeding for le gal separation shall allege that the 8
62	62	marriage is not irretrievably broken and that therefore 9 SB 93 3
63	63	there remains a reasonable likelihood that the marriage can 10
64	64	be preserved. 11
65	65	2. The petition in a proceeding for dissolution of 12
66	66	marriage or legal separation shall set forth: 13
67	67	(1) The residence of each party, including the county, 14
68	68	and the length of residence of each party in this state and 15
69	69	in the county of residence; 16
70	70	(2) The date of the marriage and the place at which it 17
71	71	is registered; 18
72	72	(3) The date on which the parties separated; 19
73	73	(4) The name, age, and address of each child, and the 20
74	74	parent with whom each child has primarily resided for the 21
75	75	sixty days immediately preceding the filing of the petition 22
76	76	for dissolution of marriage or leg al separation; 23
77	77	(5) Whether the wife is pregnant ; however, pregnancy 24
78	78	status shall not prevent the court from entering a judgment 25
79	79	of dissolution of marriage or legal separation ; 26
80	80	(6) The last four digits of the Social Security number 27
81	81	of the petitioner, respondent and each child; 28
82	82	(7) Any arrangements as to the custody and support of 29
83	83	the children and the maintenance of each party; and 30
84	84	(8) The relief sought. 31
85	85	3. Upon the filing of the petition in a proceeding for 32
86	86	dissolution of marriage or legal separation, each child 33
87	87	shall immediately be subject to the jurisdiction of the 34
88	88	court in which the proceeding is commenced, unless a 35
89	89	proceeding involving allegations of abuse or neglect of the 36
90	90	child is pending in juvenile court. Until permitted by 37
91	91	order of the court, neither parent shall remove any child 38
92	92	from the jurisdiction of the court or from any parent with 39
93	93	whom the child has primarily resided for the sixty days 40 SB 93 4
94	94	immediately preceding the filing of a petition for 41
95	95	dissolution of marriage or legal separation. 42
96	96	4. The mere fact that one parent has actual possession 43
97	97	of the child at the time of filing shall not create a 44
98	98	preference in favor of such parent in any judicial 45
99	99	determination regarding custody of the child. 46
100	100	5. The respondent shall be served in the manner 47
101	101	provided by the rules of the supreme court and applicable 48
102	102	court rules and, to avoid an interlocutory judgment of 49
103	103	default, shall file a verified answer within thirty days of 50
104	104	the date of service which shall not only admit or deny the 51
105	105	allegations of the petition, but shall also set forth: 52
106	106	(1) The last four digits of the Social Security number 53
107	107	of the petitioner, respondent and each child; 54
108	108	(2) Any arrangements as to the custody and support of 55
109	109	the child and the maintenance of each party; and 56
110	110	(3) The relief sought. 57
111	111	6. Previously existing defenses to divorce and legal 58
112	112	separation, including but not limited to condonation, 59
113	113	connivance, collusion, recrimination, insanity, and lapse of 60
114	114	time, are abolished. 61
115	115	7. The full Social Security number of each party and 62
116	116	each child and the date of birth of each child shall be 63
117	117	provided in the manner required under section 509.520. 64
118	118	8. The petitioner and respondent shall submit a 65
119	119	proposed parenting plan, either individually or jointly, 66
120	120	within thirty days after service of process or the filing of 67
121	121	the entry of appearance, whichever event first occurs of a 68
122	122	motion to modify or a petition involving custody or 69
123	123	visitation issues. The proposed parenting plan shall set 70
124	124	forth the arrangements that the party believes to be in the 71 SB 93 5
125	125	best interest of the minor children and shall include but 72
126	126	not be limited to: 73
127	127	(1) A specific written schedule detailing the custody, 74
128	128	visitation and residential time for each child with each 75
129	129	party including: 76
130	130	(a) Major holidays stating which holidays a party has 77
131	131	each year; 78
132	132	(b) School holidays for school -age children; 79
133	133	(c) The child's birthday, Mother's Day and Father's 80
134	134	Day; 81
135	135	(d) Weekday and weekend schedules and for school -age 82
136	136	children how the winter, spring, summer and other vacations 83
137	137	from school will be spent; 84
138	138	(e) The times and places for transfer of the child 85
139	139	between the parties in connection with the residential 86
140	140	schedule; 87
141	141	(f) A plan for sharing transportation duties 88
142	142	associated with the residential schedule; 89
143	143	(g) Appropriate times for telephone access; 90
144	144	(h) Suggested procedures for notifying the other party 91
145	145	when a party requests a temporary variation from the 92
146	146	residential schedule; 93
147	147	(i) Any suggested restrictions or limitations on 94
148	148	access to a party and the reasons such restrictions are 95
149	149	requested; 96
150	150	(2) A specific written plan regarding legal custody 97
151	151	which details how the decision -making rights and 98
152	152	responsibilities will be shared between the parties 99
153	153	including the following: 100
154	154	(a) Educational decisions and methods of communicating 101
155	155	information from the school to both parties; 102 SB 93 6
156	156	(b) Medical, dental and health care decisions 103
157	157	including how health care pr oviders will be selected and a 104
158	158	method of communicating medical conditions of the child and 105
159	159	how emergency care will be handled; 106
160	160	(c) Extracurricular activities, including a method for 107
161	161	determining which activities the child will participate in 108
162	162	when those activities involve time during which each party 109
163	163	is the custodian; 110
164	164	(d) Child care providers, including how such providers 111
165	165	will be selected; 112
166	166	(e) Communication procedures including access to 113
167	167	telephone numbers as appropriate; 114
168	168	(f) A dispute resolution procedure for those matters 115
169	169	on which the parties disagree or in interpreting the 116
170	170	parenting plan; 117
171	171	(g) If a party suggests no shared decision -making, a 118
172	172	statement of the reasons for such a request; 119
173	173	(3) How the expenses of the child, including child 120
174	174	care, educational and extraordinary expenses as defined in 121
175	175	the child support guidelines established by the supreme 122
176	176	court, will be paid including: 123
177	177	(a) The suggested amount of child support to be paid 124
178	178	by each party; 125
179	179	(b) The party who will maintain or provide health 126
180	180	insurance for the child and how the medical, dental, vision, 127
181	181	psychological and other health care expenses of the child 128
182	182	not paid by insurance will be paid by the parties; 129
183	183	(c) The payment of educational expenses, if any; 130
184	184	(d) The payment of extraordinary expenses of the 131
185	185	child, if any; 132
186	186	(e) Child care expenses, if any; 133
187	187	(f) Transportation expenses, if any. 134 SB 93 7
188	188	9. If the proposed parenting plans of the parties 135
189	189	differ and the parties cann ot resolve the differences or if 136
190	190	any party fails to file a proposed parenting plan, upon 137
191	191	motion of either party and an opportunity for the parties to 138
192	192	be heard, the court shall enter a temporary order containing 139
193	193	a parenting plan setting forth the arrang ements specified in 140
194	194	subsection 8 of this section which will remain in effect 141
195	195	until further order of the court. The temporary order 142
196	196	entered by the court shall not create a preference for the 143
197	197	court in its adjudication of final custody, child support or 144
198	198	visitation. 145
199	199	10. The Missouri supreme court shall have guidelines 146
200	200	for a parenting plan which may be used by the parties 147
201	201	pursuant to this section in any dissolution of marriage, 148
202	202	legal separation or modification proceeding involving issues 149
203	203	of custody and visitation relating to the child. Parenting 150
204	204	plan guidelines shall be made available on the office of 151
205	205	state courts administrator's website. 152
206	206	11. The filing of a parenting plan for any child over 153
207	207	the age of eighteen for whom custody, visitati on, or support 154
208	208	is being established or modified by a court of competent 155
209	209	jurisdiction is not required. Nothing in this section shall 156
210	210	be construed as precluding the filing of a parenting plan 157
211	211	upon agreement of the parties or if ordered to do so by the 158
212	212	court for any child over the age of eighteen for whom 159
213	213	custody, visitation, or support is being established or 160
214	214	modified by a court of competent jurisdiction. 161
215	215	