452.300. Procedure and venue.
Procedure and venue.
452.300. 1. The rules of the supreme court and other applicablecourt rules shall govern all proceedings pursuant to sections 452.300 to452.415.
2. A proceeding for dissolution of marriage, legal separation, ordeclaration of invalidity of marriage shall be entitled: "In re theMarriage of ..... and .....".
3. The initial pleading in an original proceeding pursuant tosections 452.300 to 452.415 shall be denominated a "petition" and theresponsive pleading in an original proceeding shall be denominated an"answer". Other pleadings in an original proceeding and all pleadings inother proceedings pursuant to sections 452.300 to 452.415 shall bedenominated as provided in the rules of the supreme court and otherapplicable court rules.
4. Any party who files the initial pleading in an original proceedingpursuant to sections 452.300 to 452.415 shall be denominated the"petitioner" and any party who is required to file or who files aresponsive pleading in an original proceeding shall be denominated the"respondent". Each party shall retain such denomination from the originalproceeding in any other proceedings pursuant to sections 452.300 to452.415.
5. An original proceeding pursuant to sections 452.300 to 452.415shall be commenced in the county in which the petitioner resides or in thecounty in which the respondent resides. If an original proceeding iscommenced in the county in which the petitioner resides, upon motion by therespondent filed prior to the filing of a responsive pleading, the court inwhich the proceeding is commenced may transfer the proceeding to the countyin which the respondent resides if:
(1) The county in which the respondent resides had been the county inwhich the children resided during the ninety days immediately preceding thecommencement of the proceeding; or
(2) The best interest of the children will be served if theproceeding is transferred to the county in which the respondent residesbecause:
(a) The children and at least one parent have a significantconnection with the county; and
(b) There is substantial evidence concerning the present or futurecare, protection and personal relationships of the children in the county.
6. In proceedings pursuant to sections 452.300 to 452.415, "judgment"shall include a "decree".
(L. 1973 H.B. 315 § 1, A.L. 1998 S.B. 910)