One of the most contentious aspects of a divorce can be the division of property and assets. Under Missouri divorce laws, the state follows an “equitable distribution” model. This means that marital property is divided in a way that is fair, but not necessarily equal.
When a couple decides to get divorced, they must divide their property and debts. This process is known as property division. In some states, property is divided equitably, meaning it is divided fairly, but not necessarily equally. Other states have community property laws, which means that property is divided equally between the spouses.
Marital property includes assets acquired during the marriage. This can be anything from real estate and vehicles to retirement accounts and household items. Non-marital property, on the other hand, includes assets owned before the marriage or received as gifts or inheritance. These are typically not subject to division in a divorce.
In Missouri, the law recognizes two property types: marital and separate. Marital property is the property and debts you and your spouse acquired during your marriage. Separate property is acquired before marriage, as a gift, or through an inheritance.
Property and debt distribution can have serious financial consequences for your future. If you and your spouse cannot agree on the division of marital property, the court will intervene and decide for you.
Missouri is an equitable distribution state, which means that the family law courts divide marital property in the way they believe is fair, but it’s not necessarily equal.
Divorce Attorney Mark Haefner is a skillful negotiator who can advocate for your right to keep the marital assets you are entitled to. If a favorable settlement cannot be achieved, Mr. Haefner will not hesitate to vigorously litigate your interests in court.
Understanding the laws around property division can help you navigate this process more effectively. It’s also another area where the expertise of a St. Louis divorce lawyer can be invaluable.
During a divorce in Missouri, property is divided according to the principle of equitable distribution. This means that property is divided in a manner that is fair, but not necessarily equal. Because of Missouri’s property division laws, the court will consider various factors when dividing property, including each spouse’s income, the length of the marriage, and each spouse’s contribution to the marriage.
It is important to note that separate property is not subject to division during a divorce. However, if a separate property has increased in value during the marriage, that increase may be subject to division.
The divorce attorneys at Haefner Law Office will be a valuable resource during the property division process. We can provide you with guidance and support throughout the divorce proceedings. Our lawyers can also help you understand property division laws in the State of Missouri. Each state has its own laws regarding property division and certain facets that may not be relevant for your divorce in Missouri.
Haefner will also help you identify all of the assets that can be divided and their value. This can be a complex process, especially when it comes to assets such as retirement accounts and investments. We can work with financial experts to ensure all marital property is properly valued and accounted for. In some cases, a spouse may try and keep certain assets from being divided or even known when a divorce takes place. Each spouse is required to disclose any and all property, income, and other assets during the divorce process.
Related: How do I Find Out if My Spouse is Hiding Assets or Income During a Divorce?
Finally, our divorce attorneys can help negotiate a fair property division settlement. Divorce can be an emotional and contentious process, and it can be difficult to come to an agreement on property division. We are here to act as a mediator between you and your spouse, helping to ensure that a fair settlement is reached.
Not only will we fight to make sure you are receiving your share of your spouse’s assets, we will also make sure your assets are protected. Additionally, we will make sure any debts you may have are distributed equally during the divorce process.
Property division is one of the critical parts of the divorce process. Our family law attorneys can help you navigate this process and protect your interests. They can provide legal advice, negotiate on your behalf, represent you in court, and help you protect your assets.
Dividing property during a divorce can be a complex and challenging process. It is important to work with an experienced attorney who can guide you through this process and protect your rights. If you are going through a divorce and need help with property division, contact us for a free consultation today.
