» Military Divorce

December Courts Bulletin: Recent updates in Missouri Case Law

Value of a closely-held corporation must be as fair market value and application of a calculation of value via a buy-sell agreement not related to fair market value is error. Wood v. Wood, No. 96218 (Mo. App. W.D., November 29, 2011), Romines, J. Thi… Read More

Characterization of Property in Divorce - Increases in Value of Non-Marital Assets only Marital to Extent of Marital Contributions

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… Read More

Who gets to claim the kids for federal and state income tax purposes?

There are many ways that the income tax dependency for children in divorce can be handled, although most of them are not supported by the law. If the parties are in agreement, then nearly any method of claiming the children can be used, including alt… Read More

Property Not Owned by Spouses Cannot Be Divided in Divorce

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… Read More

When Attorney Fees Can Be Awarded in Divorce/Family Litigation

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… Read More

Child Neglect Shown in recent Decision

In a recent decision by the Missouri Court of Appeals, clear, cogent and convincing evidence supported a finding of neglect in protecting the child, maintaining the household, and supervising the child. “If a parent is unable to pay for all of… Read More

Missouri no fault divorce - what it does and does not mean

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… Read More

Grossly disproportionate division of property and debts in a divorce proceeding reversed

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… Read More

If you pay child support per a Missouri judicial or administrative order and your income is reduced or lost - A Motion to Modify is required.

In today’s turbulent economic climate, where job losses or reductions in income are frequent, it is critical to immediately deal with a child support order upon any significant change in income. Failure to act quickly can lead to an even greater fi… Read More

Missouri Supreme Court Decision: Spouse's Contribution to Separate Property Creates Marital Interest In Property Which May Be Divided by Trial Court

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… Read More