452.360. Judgment of dissolution or legal separation final when entered--appeal, effect of--distribution of property final--conversion of judgment of legal separation to dissolution, when--notice, to - Missouri Statutes

Judgment of dissolution or legal separation final whenentered--appeal, effect of--distribution of propertyfinal--conversion of judgment of legal separation to dissolution,when--notice, to whom.

452.360. 1. A judgment of dissolution of marriage or of legalseparation is final when entered, subject to the right of appeal. Anappeal from a judgment of dissolution that does not challenge the findingthat the marriage is irretrievably broken does not delay the finality ofthat provision of the judgment which dissolves the marriage beyond the timefor appealing from that provision, so that either of the parties mayremarry pending appeal.

2. The court's judgment of dissolution of marriage or legalseparation as it affects distribution of marital property shall be a finaljudgment not subject to modification.

3. No earlier than ninety days after entry of a judgment of legalseparation, on motion of either party, the court may convert the judgmentof legal separation to a judgment of dissolution of marriage.

4. On motion of both parties, the court shall set aside a judgment oflegal separation.

5. The circuit clerk shall give notice of the entry of a judgment oflegal separation or dissolution to the department of social services.

(L. 1973 H.B. 315 § 13, A.L. 1998 S.B. 910)

(1976) Held that court rule 75.01 is not affected by this section and insofar as an appeal is concerned the judgment does not become final until thirty days after its entry absent the timely filing of a motion for new trial. State ex rel. Nilges v. Rush (A.), 532 S.W.2d 857.

(1978) Distinction between separate maintenance and legal separation; held separate maintenance decree cannot be converted into a decree of dissolution as a decree of legal separation can. In re Marriage of E. A. W. (A.), 573 S.W.2d 689.

(1987) Converting a decree of separation into a decree of dissolution is a new and separate cause of action, so full notice must be given to adverse parties. Madsen v. Madsen, 731 S.W.2d 324 (Mo.App.E.D.).

(1987) Unappealed partial decree was final although not subject to appeal and issues unresolved in decree were not abated by death of ex-husband. Fischer v. Seibel, 733 S.W.2d 469 (Mo.App.W.D.).