» Property Division
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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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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Domestic Support Obligations and Bankruptcy
October 29th, 2008
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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Separate Property Not Transmuted to Marital Property: Recent Case
August 12th, 2008
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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How To Prevent Divorce From Hurting Your Credit
January 24th, 2008
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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We Decided to Divorce: Do I Want the House?
December 11th, 2007
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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This week's Case Law Update
August 6th, 2007
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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Categories: Property Division
How Will Divorce Affect My Credit:
August 1st, 2007
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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Courts Bulletin : April Family Law Cases
April 23rd, 2007
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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8 Reasons to Have an Estate Plan
April 11th, 2007
One very important, and often overlooked, factor to consider as part of your dissolution of marriage is a re-evaluation, (or first evaluation as is often the case) of your estate plan. If there is no plan in place, the laws that will determine how yo…
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