State Codes and Statutes

Statutes > Missouri > T30 > C452 > 452_415

When sections 452.300 to 452.415 shall apply.

452.415. 1. Sections 452.300 to 452.415 apply to allproceedings commenced on or after January 1, 1974.

2. Sections 452.300 to 452.415 apply to all pending actionsand proceedings commenced prior to January 1, 1974, with respectto issues on which a judgment has not been entered. Pendingactions for divorce or separation are deemed to have beencommenced on the basis of irretrievable breakdown. Evidenceadduced after January 1, 1974, shall be in compliance withsections 452.300 to 452.415.

3. Sections 452.300 to 452.415 apply to all proceedingscommenced after January 1, 1974, for the modification of ajudgment or order entered prior to January 1, 1974.

4. In any action or proceeding in which an appeal waspending or a new trial was ordered prior to January 1, 1974, thelaw in effect at the time of the order sustaining the appeal orthe new trial governs the appeal, the new trial, and anysubsequent trial or appeal.

(L. 1973 H.B. 315 § 24)

Effective 1-1-74

(1975) Where plaintiff filed divorce action in 1972, case was heard in 1973, statutes on dissolution of marriage became effective January 1, 1974, and no judgment had been entered on case pending; the issue for decision then became whether marriage was irretrievably broken and not whether plaintiff was entitled to a divorce for indignities. Bishop v. Bishop (A.), 521 S.W.2d 26.

State Codes and Statutes

Statutes > Missouri > T30 > C452 > 452_415

When sections 452.300 to 452.415 shall apply.

452.415. 1. Sections 452.300 to 452.415 apply to allproceedings commenced on or after January 1, 1974.

2. Sections 452.300 to 452.415 apply to all pending actionsand proceedings commenced prior to January 1, 1974, with respectto issues on which a judgment has not been entered. Pendingactions for divorce or separation are deemed to have beencommenced on the basis of irretrievable breakdown. Evidenceadduced after January 1, 1974, shall be in compliance withsections 452.300 to 452.415.

3. Sections 452.300 to 452.415 apply to all proceedingscommenced after January 1, 1974, for the modification of ajudgment or order entered prior to January 1, 1974.

4. In any action or proceeding in which an appeal waspending or a new trial was ordered prior to January 1, 1974, thelaw in effect at the time of the order sustaining the appeal orthe new trial governs the appeal, the new trial, and anysubsequent trial or appeal.

(L. 1973 H.B. 315 § 24)

Effective 1-1-74

(1975) Where plaintiff filed divorce action in 1972, case was heard in 1973, statutes on dissolution of marriage became effective January 1, 1974, and no judgment had been entered on case pending; the issue for decision then became whether marriage was irretrievably broken and not whether plaintiff was entitled to a divorce for indignities. Bishop v. Bishop (A.), 521 S.W.2d 26.


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T30 > C452 > 452_415

When sections 452.300 to 452.415 shall apply.

452.415. 1. Sections 452.300 to 452.415 apply to allproceedings commenced on or after January 1, 1974.

2. Sections 452.300 to 452.415 apply to all pending actionsand proceedings commenced prior to January 1, 1974, with respectto issues on which a judgment has not been entered. Pendingactions for divorce or separation are deemed to have beencommenced on the basis of irretrievable breakdown. Evidenceadduced after January 1, 1974, shall be in compliance withsections 452.300 to 452.415.

3. Sections 452.300 to 452.415 apply to all proceedingscommenced after January 1, 1974, for the modification of ajudgment or order entered prior to January 1, 1974.

4. In any action or proceeding in which an appeal waspending or a new trial was ordered prior to January 1, 1974, thelaw in effect at the time of the order sustaining the appeal orthe new trial governs the appeal, the new trial, and anysubsequent trial or appeal.

(L. 1973 H.B. 315 § 24)

Effective 1-1-74

(1975) Where plaintiff filed divorce action in 1972, case was heard in 1973, statutes on dissolution of marriage became effective January 1, 1974, and no judgment had been entered on case pending; the issue for decision then became whether marriage was irretrievably broken and not whether plaintiff was entitled to a divorce for indignities. Bishop v. Bishop (A.), 521 S.W.2d 26.