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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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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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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With so many people facing bankruptcy in the current climate, it may be good news to know (depending on which side you are on, of course) that the bankruptcy does not allow a person owing a domestic support obligation to use bankruptcy as a way to av…
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To show transmutation of separate property to marital property requires evidence of owner’s clear intent to contribute the property. Commingling is not enough. Wife’s contributions to Husband’s separate property did not transmute into marital p…
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The following post recently appeared in the New York Divorce Report. This article addresses one of the most important issues in a divorce, the division of marital debts. If parties have joint debt, whether it is a credit card, loan, auto loan, mortga…
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The following post recently appeared on Pennsylvania Family Law, a great family law blog. The post brings up several points that should be considered when dividing the marital property, particularly the home, which in the current housing market, is a…
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Distribution DecreasedMarital property may include property titled in one spouse’s name, and increase in property value if financing paid for with marital income. Court of Appeals adjusts values of property and amounts distributed to Wife. Resp…
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The following article was recently published by Jimmy Atkinson on his blog Ask the Advisor. This article addresses a very important issue in a dissolution of marriage proceeding, the division of debt. If not done properly or completely, outstanding d…
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Burden of proof of stalking for order of protection. Thomas Schwalm, Respondent v. Lori Schwalm, Appellant, No. 87829 (Mo. App. E.D., March 20, 2007), Richter, P.J. This case is instructional to the extent it discusses the failure of proof that requi…
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