» Property Division

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

Selling the Marital Home: Missouri divorce decree requiring home to be sold must specifically designate conditions of sale

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… Read More

Court must consider division of marital property before ordering spousal maintenance (alimony); Factors that determine amount of spousal support.

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… Read More

Setting aside of default judgment appropriate when good cause shown and meritorious defense; Ability to pay supports award of attorney's fees

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… Read More

Adding Spouse to Legal Title Transmutes Non-Marital Real Property to Marital; Wedding Rings are Separate Non-Marital Property

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… Read More

Family lawyers and Divorce Attorneys function hand in hand with Forensic Accountants

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… Read More