» Assets and Debts
Guardian Ad Litem recommendation not binding; Custody findings required; Property division must be fair, not necessarily equal
November 7th, 2015
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…
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Property division in Missouri divorce is final and cannot be modified
September 8th, 2015
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…
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Trial court has the authority to enter a Qualified Domestic Relations Order (QDRO) even after the death of the plan participant.
January 11th, 2015
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…
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Railroad Retirement benefits are partially marital property subject to division in Missouri divorce
September 20th, 2014
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…
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Court must account for all property in Missouri divorce
August 17th, 2014
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…
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Unequal Division of Marital Property Appropriate in Some Circumstances
April 2nd, 2014
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…
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Enforcement of Missouri Divorce Decrees: Contempt of Court Proceedings.
February 1st, 2014
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…
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Categories: Assets and Debts, Child Support, Divorce, Family Law, Financial Issues, Legal Proceedings, Property Division
Valid Prenuptial Agreement must be followed; Non-existent assets can't be included in marital estate
June 28th, 2013
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…
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Trial court must identify all property as marital or non-marital in Missouri divorce proceeding; specific values not required
June 1st, 2013
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…
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Missouri Divorce FAQ: What is an Uncontested Divorce in Missouri?
May 26th, 2013
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…
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