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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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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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Appealing Pendente Lite (PDL) Judgments in a Divorce

Judgments and orders Pendente Lite (“PDL”) in a divorce may order that one party is awarded attorney fees, child custody, child support, and/or spousal maintenance while the litigation is pending. Although a PDL action falls under scope of the overall divorce proceeding — and is made in anticipation of a final dissolution decree —  it is […]

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Health Insurance Termination During Divorce, Legal Separation

The standard for divorce in Missouri is if there is no reasonable likelihood that the marriage of the parties can be preserved, and, as a result, it is irretrievably broken. The standard for legal separation, on the other hand, is that the marriage of the parties is not irretrievably broken and that therefore there remains […]

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Joint Legal Custody & Sole Legal Custody

Missouri Revised Statutes 452.375 is the primary statutory section on point relating to custody. Custody is the umbrella term that can, without qualification, refer to physical custody and legal custody. The former is which parent/guardian actually has the child with him/her; the latter refers to which parent/guardian has decision-making power regarding the child. The presumption […]

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When does Child Support end in Missouri?

One of the more common questions I receive is when does Child Support end in Missouri? My answers is inevitably that the Division of Family Services Order or the Court Order needs to be consulted first to determine if there is a set end date. If the order does not articulate a specific end date […]

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Missouri Divorce Attorney, Custody, Costs/Fees

Even though the powers that be in Missouri have undertaken steps to expedite the divorce process in Missouri, it is still a taxing ordeal. When there are minor, unemancipated children born of the parties/parents, a Court may be inclined to appoint a guardian ad litem to represent the child(ren)’s interests in the litigation. The appointment […]

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Legal Separation

Flowing from concerns regarding the finality of a dissolution of marriage proceeding, one of the more common questions posited by potential clients regards whether filing for legal separation, rather than divorce, is best. Quite obviously, the ultimate decision as to whether divorce is appropriate versus a legal separation is appropriate is up to the client […]

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Maintenance (Alimony) in Missouri Divorce

Maintenance — formerly known as alimony — is what a court can award from one spouse to another spouse in a divorce proceeding so that one spouse’s reasonable needs are met after the divorce. Missouri statutes list a number of factors the Court must consider in deciding whether to award maintenance: (1) The financial resources […]

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