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Carolyn Northup v. Bradley J. Bakula
Date: 11-19-2024
Case Number: ED11942
Judge: Amanda B. McNelley
Court: Circuit Court, St. Louis County, Missouri
Plaintiff's Attorney:
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Defendant's Attorney:
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Description:
St. Louis, Missouri family law divorce lawyers represented the parties in a dissolution of marriage action.
Husband and Wife married on April 5, 2008. Husband's health began to decline "very soon" after the parties married. Husband endured hip and back pain, cardiac complications, and was diagnosed with Alzheimer's disease in 2015. Wife cared for Husband until he was hospitalized in December 2020. Husband stayed at two nursing facilities until April 2021, when he was admitted to Schuyler County Nursing Home ("Schuyler").
In February 2022, Wife sought to dissolve the marriage.[2] Husband filed a cross-petition for dissolution in May 2022, alleging he was incompetent, Son had been appointed his legal guardian before filing the petition, and he was incapable of supporting himself or paying attorney's fees due to his disability. Husband subsequently moved for temporary maintenance, attorney's fees, and costs pendente lite ("PDL motion"), alleging he was incompetent and he was without adequate means to support himself, employ counsel, or pay costs during the pendency of the suit. The hearing on Husband's PDL motion was continued because Wife encountered health issues preventing her appearance for a hearing. The parties consented to submit the issue on the records, which included several depositions, nursing home records, and discovery. Because the circuit court did not rule on the PDL motion before trial, it was taken with the case.
After trial, the circuit court entered its written judgment dissolving the marriage and incorporated an exhibit dividing the property, allocating marital debt, and making determinations about maintenance and attorney's fees. The circuit court stated after considering the statutory factors, Husband was not entitled to temporary or permanent maintenance. The circuit court found the parties possessed no marital property and awarded each party his or her separate property. The judgment stated, "[Husband] is awarded his separate property and marital debt as follows . . . [d]ebt owed to Schuyler . . . in the sum of $43,589.89[.]" The circuit court ordered each party to pay their own attorney's fees. Finally, the circuit court overruled Husband's PDL motion.
Northup v. Bakula, ED111942 (Mo. App. Nov 19, 2024)
Husband and Wife married on April 5, 2008. Husband's health began to decline "very soon" after the parties married. Husband endured hip and back pain, cardiac complications, and was diagnosed with Alzheimer's disease in 2015. Wife cared for Husband until he was hospitalized in December 2020. Husband stayed at two nursing facilities until April 2021, when he was admitted to Schuyler County Nursing Home ("Schuyler").
In February 2022, Wife sought to dissolve the marriage.[2] Husband filed a cross-petition for dissolution in May 2022, alleging he was incompetent, Son had been appointed his legal guardian before filing the petition, and he was incapable of supporting himself or paying attorney's fees due to his disability. Husband subsequently moved for temporary maintenance, attorney's fees, and costs pendente lite ("PDL motion"), alleging he was incompetent and he was without adequate means to support himself, employ counsel, or pay costs during the pendency of the suit. The hearing on Husband's PDL motion was continued because Wife encountered health issues preventing her appearance for a hearing. The parties consented to submit the issue on the records, which included several depositions, nursing home records, and discovery. Because the circuit court did not rule on the PDL motion before trial, it was taken with the case.
After trial, the circuit court entered its written judgment dissolving the marriage and incorporated an exhibit dividing the property, allocating marital debt, and making determinations about maintenance and attorney's fees. The circuit court stated after considering the statutory factors, Husband was not entitled to temporary or permanent maintenance. The circuit court found the parties possessed no marital property and awarded each party his or her separate property. The judgment stated, "[Husband] is awarded his separate property and marital debt as follows . . . [d]ebt owed to Schuyler . . . in the sum of $43,589.89[.]" The circuit court ordered each party to pay their own attorney's fees. Finally, the circuit court overruled Husband's PDL motion.
Northup v. Bakula, ED111942 (Mo. App. Nov 19, 2024)
Outcome:
Appeal dismissed.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Carolyn Northup v. Bradley J. Bakula?
The outcome was: Appeal dismissed.
Which court heard Carolyn Northup v. Bradley J. Bakula?
This case was heard in Circuit Court, St. Louis County, Missouri, MO. The presiding judge was Amanda B. McNelley.
Who were the attorneys in Carolyn Northup v. Bradley J. Bakula?
Plaintiff's attorney: Click Here For The Best St. Louis Family Law Lawyer Directory. Defendant's attorney: Click Here For The Best St. Louis Family Law Lawyer Directory.
When was Carolyn Northup v. Bradley J. Bakula decided?
This case was decided on November 19, 2024.