Law Office of Barbara Graham, LLC
Local 314.226.1428
Toll Free866.734.9630
Email
Attorney Barbara L. Graham LEARN MORE

September 2014 Archives

Divorce asset division

Some Missouri residents considering divorce may be interested in the topic of asset division during this process. The financial separation can be distressing when steps are not taken to address the types of marital assets to be divided and the implications of division. This can be compounded when one marital partner is primarily responsible for the finances, and the other partner is potentially unaware of the extent or nature of the assets.

Property division in a Missouri divorce

In determining the division of property in a divorce, Missouri follows the legal principle of equitable distribution, meaning that marital assets are divided in a way that the judge deems fair. Equitable distribution does not necessarily entail an equal division of assets. Couples may avoid having a court be the one to determine the division of property by drafting and signing their own divorce settlement agreement. If they are unable to reach an accord, the court will need to go through several steps to determine how to fairly divide the couple's property.

Obtaining child support in Missouri

The court or Missouri Family Support Division will usually issue an order for child support as part of a divorce proceeding or paternity hearing. If no such order accompanied the judgment, the custodial parent may be able to apply for a modification of the judgment to include child support payments. The total amount of child support that the custodial parent will receive depends on many factors, including both parents' income, maintenance paid by one parent, the amount of time the children spend overnight with each parent, the number of children, and the costs of health insurance and work-related childcare.

How forensic accountants can help with a Missouri divorce

Divorce proceedings can be very complicated, and that can be especially true if the parties own businesses, artwork, or multiple properties. Many times it can be difficult to determine whether it is a marital asset, separate property, or some combination of both. This requires expertise in order to get a proper determination, and in most cases, the court will require an expert witness to testify on why they meet the specific classification.

Establishing paternity and gaining parental rights

Parents in Missouri who are unmarried or separated may not realize that both parents do not automatically possess parental rights. For fathers who are not married to the mothers of their children, it may be a challenge to attain the rights to their children. Typically, a father must first establish paternity through the state via a DNA test. Afterwards, a paternity or custody action could potentially result in the father receiving parental rights.

Establishing paternity and gaining parental rights

Parents in Missouri who are unmarried or separated may not realize that both parents do not automatically possess parental rights. For fathers who are not married to the mothers of their children, it may be a challenge to attain the rights to their children. Typically, a father must first establish paternity through the state via a DNA test. Afterwards, a paternity or custody action could potentially result in the father receiving parental rights.

get started
Providing experienced family law representation in an emotionally supportive environment.

Contact us for Responsive and Effective Legal Representation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy