Most clients have a of questions about their divorce and Missouri divorce law. We have compiled the most frequently asked questions regarding Missouri Divorce Law and have given general answers to them as a way to help you fully understand some of the more common issues in a dissolution of marriage.
Every case is different and must be litigated according to its merit. I have successfully tried or settled divorce cases to achieve a result where both parents have substantial and meaningful contact with their children when it was in the best interests of the kids that they do so.
Marital property is all property acquired during the marriage except by the means described as nonmarital above. In Missouri the increase in value of non-marital property is considered nonmarital; however, income such as interest or dividends earned on non marital property is marital. The Court cannot award nonmarital property to the other spouse. The Court divides the marital property in a manner that is just and equitable based on the following:. If the spouses agree on a division and if the agreement is reasonable, the Court generally approves it. Before discussing division with a spouse, it is important to know what all the assets are and the value of each.
For example, many persons misunderstand the value of their pension or how much money they would receive for their house if it sold. Debts must also be considered in arriving at a fair division of property. Tax considerations often affect the fairness of a division as well. For example, the capital gains on assets such as stock should be calculated when offsetting against an asset such as a bank which can be liquidated with no capital gains.
In addition, the former spouse must be entitled to receive his or her own retirement or disability benefit. If the former spouse is eligible for a benefit, but has not yet applied for it, the divorced spouse can still receive a benefit if he or she meets eligibility requirements above and has been divorced from the former spouse for at least two years. A person can receive benefits as a surviving divorced spouse on Social Security record of a former spouse who died fully insured, if he or she:.
If the surviving divorced spouse age 60 or over applying for benefits remarried after age 60, or after age 50 and at the time of remarriage was entitled to disability benefits, we disregard the marriage. The benefits paid to a divorced spouse or a surviving divorced spouse will not affect the benefit amount paid to the other family members who receive benefits on the same record. If you would like to receive an estimate of benefits you may receive as a divorced spouse or a surviving divorced spouse, you may contact our representatives at our toll-free They may be able to provide you with this information over the telephone.
If you prefer, you may visit one of our offices. You can get the address and directions to your nearest office from the Social Security Office Locator that is available on the Internet. Guidelines for Parents During Divorce Proceedings. What are the grounds for divorce in Missouri?
The usual ground is irreconcilable differences with your spouse. In a few cases it may be appropriate to allege other grounds. What is a dissolution? You or your spouse must have been a resident of Missouri for the 90 days immediately preceding filing the petition for a dissolution. Is there a waiting period to get the dissolution? No dissolution can be granted until at least 30 days after a Petition for Dissolution has been filed.
Generally, however, you must wait 30 days from the date the other spouse officially receives a copy of the petition. How does my spouse learn about the dissolution? After the petition is filed, the spouse must receive proper notification. There are several ways to accomplish this.
A process server can deliver a copy of the petition to the spouse. Another way is to have the spouse a document called an Entry of Appearance and Waiver. An Entry of Appearance acknowledges receipt of the Petition and eliminates the requirement of having someone officially hand the papers to the spouse. Can we both use one lawyer?
A lawyer cannot ethically represent competing interests. A dissolution necessarily involves some matters which benefit one spouse and are a detriment the other.
Divorce in missouri faq
Therefore, an attorney can only represent one person in a dissolution. What should I do about credit cards?
If you hold t credit cards, or the is held in your name and your spouse is entitled to use thethen you are still liable for all charges made. If you believe that this will be a problem and that your spouse may run up a large balance on such anthen you should call us to discuss this situation, and we will determine whether or not you should contact all credit card companies to close the or limit the persons entitled to use the.
If one spouse disputes any of these matters and an agreement is not eventually reached, a trial will be necessary. How do I find out if my spouse has hidden money? The law provides numerous tools to locate assets; however, finding hidden money can be a daunting task. Depositions, Interrogatories and Production of Documents requests are the most common tools used to discover assets. The Court requires submission of complete financial information regarding the assets and debts of the marriage so that the judge can make an intelligent decision regarding the division of these assets and debts, if the spouses cannot agree on how to divide them.
Detailed information is also necessary with a written agreement so that the property can be specifically and accurately described in the agreement. What about a court date?
Adultery in missouri: does cheating affect alimony?
The absolute minimum is 31 days. We will do everything possible to have your case heard as soon as possible. You do not need character witnesses. Appropriate dress should always be worn when you are appearing in court.
Missouri divorce faqs
We will advise you well in advance of court dates and locations. You must not be late when going to court! When is the dissolution final? A dissolution is final on the date the Judgment of Dissolution is ed by the Judge. What about dating while the divorce is pending? You are married until your marriage is dissolved by the judge. We recommend you refrain from dating. What is Maintenance? Maintenance is money paid by a spouse to a former spouse to assist in the support of the ex-spouse.
Such maintenance terminates on the death of either spouse, or the marriage of the receiving spouse. It can be modifiable or non-modifiable and can be for a set of months or years. There are no mandatory guidelines or charts to determine how much maintenance is appropriate.
Generally, maintenance is taxable to the spouse who receives it and deductible by the paying spouse. How do we divide the property?
There is no fixed way to determine how to divide the property. Missouri has two major of property in a dissolution context: marital and non-marital. These types of property are established by statute and interpreted and analyzed by various appellate Court decisions. Nonmarital property is all property: Acquired by gift, bequest, devise or descent; Acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise or descent; Acquired by a spouse after a decree of legal separation; Excluded by valid agreement of the parties; and The increase in the value of property acquired prior to the marriage or pursuant to 1 through 4 above unless marital assets including labor have contributed to such increases and then only to the extent of such contributions.
Section The Court divides the marital property in a manner that is just and equitable based on the following: The economic circumstances of each spouse at the time the division of property becomes effective, including the desirability of awarding the family home or the right to live in it for reasonable periods to the spouse having custody of the children; The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker; The value of the nonmarital property of each spouse; The conduct of the parties during the marriage; Custodial arrangements for minor children; Any other relevant factors.
What happens to t debts?
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The Missouri statute which requires the Court to divide marital property does not mention debts. The Court may assess responsibility for the debts between the spouses but is not required to do so. Even if your spouse agrees to pay a t debt or the judge orders the spouse to pay the t debt, that liability remains a t obligation to the creditor. An important consideration regarding t debts is that if a spouse agrees to pay the debt, or the Court orders it paid, the other spouse will still be responsible for the debt if it is not paid.
If this should ever happen, the former spouse could be sued to collect the money the other spouse had to pay. When the creditor loaned the money to both spouses, he relied on the t income and has the right to collect from either spouse. Can my spouse discharge child support in bankruptcy?
Generally, maintenance and child support obligations are not dischargeable in bankruptcy. Under the current bankruptcy law sometimes t debts which one spouse agrees to pay are dischargeable. What if my spouse injured me? In certain circumstances a spouse may have a cause of action in tort against the other spouse for actions during the marriage.
These include claims such as battery and assault.