» Assets and Debts
Characterization of Property in Divorce - Increases in Value of Non-Marital Assets only Marital to Extent of Marital Contributions
July 16th, 2011
Under Missouri Law, certain property is considered to be non-marital, and not part of the division of the marital estate in a divorce proceeding. Non-marital property includes property: Acquired before the marriage; Acquired by gift or inheritance; A…
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Property Not Owned by Spouses Cannot Be Divided in Divorce
June 5th, 2011
The Circuit Court does not have authority to divide assets that are not owned by either spouse in a dissolution of marriage. In a recent Missouri case, the trial court entered a judgment that divided certain trusts where the children were the sole be…
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When Attorney Fees Can Be Awarded in Divorce/Family Litigation
April 24th, 2011
While Missouri courts normally follow the “American Rule” regarding legal fees – that each party is responsible for his or her own costs – Missouri dissolution of Marriage statutes give the court the discretion to order one party to contribut…
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Missouri no fault divorce - what it does and does not mean
November 2nd, 2010
Similar to other states, Missouri is a modified no-fault divorce state. However, there is some misconception out there about what this actually means for divorcing parties in Missouri. Modified no-fault divorce means that a party does not have to pro…
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Grossly disproportionate division of property and debts in a divorce proceeding reversed
July 31st, 2010
In a recent ruling by the Missouri Court of Appeals for the Southern District, a division of property and debt where the Wife received 93% of the assets and 27% of the debts, and the Husband received 7% of the assets and 73% of the debt was reversed…
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Missouri Supreme Court Decision: Spouse's Contribution to Separate Property Creates Marital Interest In Property Which May Be Divided by Trial Court
May 16th, 2010
In a recent decision by the Supreme Court of Missouri, the Court held that a spouses contribution to otherwise separate property creates a marital interest that can be divided by the Court. In Missouri, property that was owned prior to the marriage i…
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Bankruptcy Filings Up Substantially in 2009
March 13th, 2010
As a practicing family and bankruptcy attorney, I consistently run into cases where people are dealing with both a divorce (or other family law related matter), as well as a bankruptcy. This is because, many times, one is the cause of the other (this…
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The Financial Aspects of Divorce: Why It usually IS "All About The Money"
November 22nd, 2009
I can’t think of how many times that I have had a client tell me, regardless of what the issue is that is in dispute, that the opposing party is “just worried about money” or that it is “all about the money” for him or her, and that is thei…
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Recent Ruling: Property Division Accounts for Squandering
August 15th, 2009
In a recent ruling by the Missouri Court of Appeals, the court upheld a trial court ruling where marital assets were divided unequally between the spouses, the division included money spent by a spouse after separation, and spousal maintenance was aw…
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Division of Personal Injury Settlements in Missouri Divorce
February 28th, 2009
In a divorce proceeding, a personal injury settlement can be a major asset that will have to be divided between the parties. Missouri uses the “analytical” approach to determine whether the settlement proceeds are marital, non-marital, or…
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Mark A. Wortman
Kansas City, Missouri 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 Wortman has handled thousands of Missouri divorce and family cases and has… Read More
