» Assets and Debts

Guardian Ad Litem recommendation not binding; Custody findings required; Property division must be fair, not necessarily equal

Recent Ruling: Court not required to follow Guardian Ad Litem Recommendation, Specific findings under the 8 statutory factors required in Judge tried case Father appeals from the trial court’s dissolution judgment as to child custody and property d… Read More

Property division in Missouri divorce is final and cannot be modified

Recent Case: Division of Property is final and non-modifiable in divorce proceedings. Statute enacted after the end of divorce case does not apply retroactively. In a recent case from the Missouri Court of Appeals, Wife appeals the trial court’s de… Read More

Trial court has the authority to enter a Qualified Domestic Relations Order (QDRO) even after the death of the plan participant.

Recent Case: Missouri Court of Appeals In a 2010 dissolution judgment, Husband and Wife agreed, per a separation agreement, that each would get one-half of Husband’s Anheuser-Busch pension “unless Wife remarries.” In 2011, Husband remarried. He… Read More

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 mari… 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/retirement… 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 consi… 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 cho… 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. DECISION: Th… 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 c… 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, there wil… Read More