“Insofar as such a proceeding affects status only, the action [for dissolution of marriage] is in rem or quasi-in-rem and requires only that the res be before the court upon proper notice” to the parties. Notice to a party by publication is sufficient only when that party voluntarily appears, which appellant did by motion to dismiss, which challenges service by publication but not personal jurisdiction. And what appellant really sought was more time to make an appearance.
Susan Ball vs. Robert K. Ball, II
(Overview Summary)
Missouri Court of Appeals, Western District – WD83640
If you would like to speak with an attorney, call us at 816-524-4949 or visit our website to schedule a consultation.