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Category: Family Law

Business Valuation in Divorce

In divorce proceedings, assigning a value to a private business interest (whether owned by husband or wife) often leads to large disagreements when dividing property. Publicly traded interests (e.g., publicly traded stocks) are easy because those values are readily available. Private interests, however, are much more difficult because small businesses can be more economically volatie […]

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Trust Assets in a Divorce

When dividing marital property in a divorce, the court is to consider the factors set forth in Section 452.330, RSMo and then divide the property in such a way that it seems just. Workman v. Workman, 293 S.W.3d 89, 96 (Mo. Ct. App. 2009). A court generally has “great flexibility” in dividing the marital property. Shepard v. […]

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Maintenance / Alimony Modification

Spousal maintenance or alimony awards are often modifiable. What this means is that if there is a change in circumstances (e.g., income) bewteen the parties after the maintenance is originally entered, then a subsequent motion to modify maintenance can be filed to appropriately change the amount, duration and/or frequency of the maintenance.  Under Section 452.370.1, […]

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Purpose of Maintenance/Alimony in Divorce

Maintenance (f/k/a as alimony) consists of payments made from one ex-spouse to the other ex-spouse after the marriage has ended. It is founded on the need for reasonable support by one spouse after the end of the marriage, and a maintenance award may extend only so long as the need exists. Cates v. Cates, 819 S.W.2d […]

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Attorney Fees in a Divorce

A litigant is typically responsible for his/her own attorney fees in a lawsuit. This frequently has the practical effect of making litigation not so much about the merits of a case, but, instead, more about the cost of enforcement or defense versus the likelihood of success and exposure at trial. In Missouri, the two main […]

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Split Custody, Dual Form 14s

Form 14 refers to the worksheet created by the Missouri Supreme Court to calculate the presumptive/default child support amount. It is calculated by taking into account, among other things, each parents’ gross income and time spent with the child(ren). When parents have multiple children, and the custody arrangement for a given child is different, this […]

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Income & Expense Statements in Divorce, Maintenance/Alimony

Missouri law requires that a party to a divorce proceeding file a statement of income and expenses detailing all of his/her personal receipts and expenditures. Depending upon the county, the income and expense statement is filed at the time of a party’s initial pleadings or soon after. Many counties further require that the parties supplement the […]

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Family/Child Custody Relocation of Residence

After a divorce or custody determination, whenever a parent “relocates” he/she must follow certain statutory procedures notifying the other parent of the move. “Relocate” means a change in the principal residence of a child for a period of 90+ days — but is not a temporary absence from the principal residence. Thus, you can “relocate” […]

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Marital Property Division: Disclosure, Omission, Fraud, Mistake

Whether intentionally as part of a scheme to conceal and defraud, or an honest oversight, omissions occur in property disclosure statements and divorce decrees. In Missouri, the division of marital property — essentially all property and debt accrued/accumulated during the course of a marriage — is final and is not subject to division. Section 452.360.2, […]

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