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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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Danica Patrick.jpgRecently, popular Nascar driver Danica Partick announced that she had filed for divorce from her husband of seven years. In her Petition, Patrick indicated that she had a prenuptial agreement and that neither party would be getting spousal support.
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Jovan Belcher.jpeg
On December 1, 2012 national news was made after Kansas Chief linebacker and National Football League player, Jovan Belcher, shot and killed his girlfriend and then took his own life outside of Arrowhead Stadium in Kansas City, Missouri. Jovan Belcher and his former girlfriend, Kasandra Perkins, left behind a four year old daughter who was living with them in Missouri.
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Coins with hand.jpg In Missouri, there are traditionally three ways through which child support is paid to a receiving parent. These three methods include payments made: (1) through direct payment by the paying parent to the receiving parent; (2) through the Family Support Payment Center; or, (3) through a wage withholding on the paying parent’s paychecks. Parents can choose which option works best for them, although seeking the opinion of an experienced family law attorney is always recommended so that the particular circumstances of your situation are factored into this decision-making process.
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In the State of Missouri there are specific factors the Court is to consider in dividing law books.jpgmarital 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) 701013_writing_a_check_2.jpgcommingling 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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1387294_rural_yellow_villa.jpgThe answer to this question is not always as straight forward as it appears. In the State of Missouri the Court should first determine a property’s “character” prior to making a division. In accordance with Missouri Statute 452.330, property shall be characterized as either “marital” or “non-marital”. How your property is divided will depend on this characterization.

Generally, property which is owned prior to the marriage and then brought into the marriage will be considered non-marital property. If the Court determines that 100% of the value of the property is non-marital, it likely will be awarded, in its entirety, to the spouse who brought the property into the marriage. However, there are many circumstances where the Court may find that property which was once non-marital has been converted into marital property during the marriage. Likewise, there are other circumstances where the Court may determine that there exists a marital interest in a portion of property which is otherwise non-marital. Under these circumstances your spouse can be awarded a portion of the value of the property you brought into the marriage.
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