Choosing the right attorney to help assist and guide you through the divorce process is critical. But, what do you need to know when you first meet an attorney to help you make the correct choice? In this two-part blog we examine 5 factors that are critical in this process.
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For lawyers and judges, divorce is a legal process that results in a legal outcome. And, lawyers and judges play vital rolls in that process. But for parents, there is a more significant reality that they must prepare for when presented with divorce. That reality is that divorce is hard on their children. As parents it is critical that you are vigilant about what your children may be dealing with and are aware of what assistance may be available to help you in helping them.
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Recently it was reported that the apparent delay in the finalization of the divorce between Ashton Kutcher and Demi Moore is a dispute between the actors and their lawyers over the division of a $100 million venture capital fund owned, in-part, by Kutcher. Ah, it is always interesting when light is shed on the issues and problems of the Hollywood elite. But, the larger issue of the factors and considerations involved in a high asset divorce in Missouri deserve a closer look.
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Back in the news again this week, O.J. Simpson is set to testify on his own behalf regarding his claims of ineffective counsel in his 2008 robbery trial. Simpson is alleging that his former attorney, Yale Galanter, failed to inform him of certain details about his case and failed to make certain decisions about his defense which led to Simpson’s conviction. Further, Simpson claims he spoke with the attorney the night before the alleged robbery and that he approved Simpson’s intended actions, which were to recover Simpson’s personal mementos from two sports memorabilia dealers at a casino hotel room in September 2007.
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In our previous blog entry we addressed the risks involved with failing to be informed about your financial circumstances, not being prepared to provide for your financial necessities in the early stages of the divorce process and the financial damage that can be done by using the divorce process as a means to seek revenge against your spouse. In Part 2 we address failing to budget, lacking an understanding of your retirement plans, failing to consider future needs against your existing desires and not adequately considering which assets have a present financial value and those assets with a monetary value only accessible in the future.
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If you find yourself in the middle of a divorce or are in a situation where you are likely faced with a divorce from your spouse, it is important that you recognize that it is your responsibility to take steps to control your financial future and to avoid those common mistakes that divorcing partners commonly make, with often very detrimental consequences.
This blog entry is a discussion of three of seven common mistakes:
In recent news, Kim Kardashian has requested that her divorce from NBA star player Kris Humphries be expedited, due primarily to the fact that she is due in July with Kanye West’s child. In Missouri, such a request would not be considered by the courts. In fact, Missouri family courts generally delay granting a divorce to a couple when the wife is pregnant. This is done mostly for the sake of judicial economy, so that both the paternity of the unborn child and the divorce can be finalized at one time.
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With the start of the new year, there has been much publicity and debate over the new tax laws in place across the nation. When a Missouri couple is contemplating a divorce, they should be aware of these new federal tax laws, which may impact how and when they decide to get divorced. Although these new laws primarily affect the wealthier sector of America, tax laws in general should always be considered by a couple when they are going through the divorce process.
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In the State of Missouri there are specific factors the Court is to consider in dividing 
marital property. The factors are specified in Missouri Revised Statute Section 452.330, but they include the financial circumstances of the parties, the contribution of each spouse to the acquisition of the property, the amount of non-marital property awarded to each spouse, each spouse’s conduct during the marriage and the custodial arrangement of any minor children.
The court will consider these factors in dividing marital property and marital debts in such proportions as the court deems just. The court may consider other relevant factors as well but must (shall) consider the preceding factors.
While it is not that uncommon for a Judge to simply divide marital property by awarding 50% of value of the marital estate to each spouse, there are circumstances where a 50 -50 division is not equitable (fair) in the Judge’s eyes and a different result may occur.
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Property which was clearly non-marital at the time of the marriage can be converted into marital property primarily by the following methods: 1) re-titling of non-marital property or 2) 
commingling non-marital property with marital property. This principal is often referred to as transmutation or the act of making a gift to the marital estate.
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St. Charles Divorce Lawyer Blog