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» Assets and Debts

Railroad Retirement benefits are partially marital property subject to division in Missouri divorce

Recent case:  Tier II railroad retirement benefits are marital property Husband appeals the circuit Court’s judgment dissolving his marriage to Wife.  Husband contends that, among other things, that the Court misapplied the law in classifying as… Read More

Court must account for all property in Missouri divorce

Recent case:  Party to Missouri divorce cannot appeal until all claims addressed Wife appeals the circuit court’s judgment dissolving her marriage to Husband. Wife contends that the court erred in failing the distribute a marital pension/retiremen… Read More

Unequal Division of Marital Property Appropriate in Some Circumstances

In a Missouri Divorce, the Court must divide all of the property and debt acquired during the marriage.  The property does not necessarily need to be divided equally, but it must be divided equitably (fairly).  In determining this, the Court must c… Read More

Enforcement of Missouri Divorce Decrees: Contempt of Court Proceedings.

When a Missouri divorce is concluded, and the Judgment Decree is signed by the judge, regardless of whether the case was settled or tried by the court, the parties are expected to follow the order.  While most people do, there are always those who c… Read More

Valid Prenuptial Agreement must be followed; Non-existent assets can't be included in marital estate

Recent case: Missouri Court of Appeals, Eastern District – ED98742 Husband appeals the trial court’s dissolution judgment in various respects relating to the characterization and division of property awarded to his former spouse. DECISIO… Read More

Trial court must identify all property as marital or non-marital in Missouri divorce proceeding; specific values not required

Recent Ruling: MP v. DLP Missouri Court of Appeals, Western District – WD75647 Husband appeals from the trial court’s judgment and decree of dissolution of marriage with respect to its division of property. Husband claims that the trial… Read More

Missouri Divorce FAQ: What is an Uncontested Divorce in Missouri?

An uncontested divorce in Missouri is a divorce where both the Husband and the Wife are in complete agreement with all terms of the divorce before the case is filed.  In almost all cases, if the case can be resolved as an uncontested matter, the… Read More

Selling the Marital Home: Missouri divorce decree requiring home to be sold must specifically designate conditions of sale

Recent ruling NC v. CC Missouri Court of Appeals, Eastern District – ED95337     Husband appeals from the trial court’s Amended Judgment and Decree of Dissolution of Marriage dated June 2, 2010, ordering Husband to pa… Read More

Court must consider division of marital property before ordering spousal maintenance (alimony); Factors that determine amount of spousal support.

In a recent ruling from the Court of Appeals, Husband appealed the trial Court’s decision granting maintenance to the Wife, claiming, among other things, that the Court did not consider the Wife’s award of marital property, and the abil… Read More

Debts ordered to be paid in Divorce Decree are not dischargeable in Chapter 7 Bankruptcy

Since 2005, the Bankruptcy law has been relatively clear that nearly any obligation resulting from a dissolution of marriage proceeding is not dischargeable in bankruptcy, whether that is in the nature of a domestic support obligation (11 USC 523(a)(… Read More

Mark A. Wortman

Mark A. Wortman's Profile Image
Kansas City family law attorney Mark A. Wortman handles only divorce and family law matters, and practices only in the State of Missouri. Due to this specialty, Mark has handled thousands of Missouri divorce and family cases and has practiced extensi… Read More