» Property Division
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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Selling the Marital Home: Missouri divorce decree requiring home to be sold must specifically designate conditions of sale
May 17th, 2013
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 pay monthly maintenance to…
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Court must consider division of marital property before ordering spousal maintenance (alimony); Factors that determine amount of spousal support.
April 23rd, 2013
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 abilit…
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Setting aside of default judgment appropriate when good cause shown and meritorious defense; Ability to pay supports award of attorney's fees
December 15th, 2012
Recent Case: JT Appellant vs. AT, Respondent Missouri Court of Appeals, Eastern District – ED97995 Father appeals from the trial court’s judgment of November 8, 2011, dissolving his marriage with Mother and entering a child custody and su…
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Adding Spouse to Legal Title Transmutes Non-Marital Real Property to Marital; Wedding Rings are Separate Non-Marital Property
June 23rd, 2012
Recent Case: JJ v. EJ Missouri Court of Appeals, Western District – WD74148 Adding a spouse to the title of non-marital property, in this case a farm, transmutes separate non-marital property into marital property. Consequently, when Respondent…
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Family lawyers and Divorce Attorneys function hand in hand with Forensic Accountants
May 14th, 2012
The following post was contributed by guest author Grant Webb, an accounting and accounting law writer for Bisk Education and Villanova University. Forensic Accountants Fill a Unique Niche Family law and divorce cases are often quite complex. Dependi…
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