Missouri Divorce – Property Division
When a relationship ends, one of the hardest parts of the process is literally breaking apart a household, one filled not just with memories but all of your belongings, some of which you brought with you into the relationship, others you purchased together during the relationship. Dividing property during a divorce has emotional undertones and at times overtones, as different items hold value not measurable by fair market value. And behind all of the property division is the anxiety about having the means to support yourself and the children in the years to come.
In Missouri, the law recognizes two types of property – separate and marital. Separate property is the property of one spouse obtained prior to the marriage. Marital property is property the parties obtained during the marriage. Sometimes a party can convert separate property to marital property by, for example, titling a house purchased prior to the marriage jointly in the names of both parties. One challenge in dividing property is untangling commingled property.
Generally, the court must make an equitable distribution of marital property and set aside to each party his or her separate property. Property includes both assets and liabilities. The court will start from a 50-50 division and depart if the circumstances warrant, after considering the economic circumstances of each party at the time of dissolution, including how to handle the marital residence; the contribution of each spouse to the marital property; the value of the separate property of each party; the conduct of the parties during the marriage; and the custodial arrangements for the children.
Dividing marital property can become very challenging and complex as the number of assets increases, particularly ones in trusts or investments or retirement accounts. The court may have to enter a Qualified Domestic Relations Order (QDRO) to distribute a portion of a pension or retirement account, and it must be drafted to suit the particular demands of the administrator of the account.
Getting Help with Property Division in Divorce
As you can see from the issues to resolve, the process is not just a short set of simple, self-executing rules, but involves many complex and often difficult questions of proof. Only a skilled and experienced attorney can properly advise you as to your rights with regard to custody, property and support, and protect those rights in a legal proceeding.
At The Marks Law Firm, L.L.C, we have over fifty years of combined experience handling family law matters. We help individuals understand their rights with regard to all issues, including property division. We have handled hundreds of trials before family court judges; if you choose The Marks Law Firm, L.L.C., you will have the benefit of a family law attorney unafraid to go to court, advocate on your behalf and fully present your case.
Our Most Popular Property Division Blog Posts
When Is Severance Pay Marital Property? – Employment benefits, including severance, may be a factor in divorce proceedings. We explore this topic as it relates to property division.
Should I Keep My House in the Divorce? – The home is often one of the most important assets a family has, and it can be difficult decision whether or not to keep it.
How Do I Discover and Value Intellectual Property in a Divorce? – Believe it or not, if a spouse has a patent or copyright, it may be considered marital property and is subject for review as property in a divorce.
Time to Act
Time is of the essence. As soon as you select The Marks Law Firm, L.L.C. to represent you, we will immediately put our considerable experience and resources to work on your case. The sooner we can review the necessary information, the sooner we can formulate a strategy for your unique circumstances, helping to insure the best possible outcome.
Your future is at stake. Make the right call and contact us today at (314) 993-6300. There is no charge for the initial consultation – and the only obligation you have is the one you have to yourself to gain the best representation possible.
Contact The Marks Law Firm, L.L.C.
For an initial consultation with an experienced St. Louis family law attorney, contact our office at 314-993-6300. We will set up a telephone consultation, if necessary, and will meet with you on Saturday upon request. Visa, MasterCard, Discover and American Express are welcome.