Carthage Divorce Lawyer

Divorce proceedings can involve complex questions about ownership of marital property and debts, spousal maintenance awards, business valuations, and parenting plans. When spouses own significant assets together, it can be difficult to understand Missouri high-asset divorce laws and procedures to end your marriage. A Carthage divorce lawyer at Bundy can help you with divorce matters.

Skilled Trial Lawyers for Complex Divorce Cases

When faced with a high-stakes divorce, you need experienced trial lawyers who know how to prepare and manage complex cases. At Bundy, we bring national fellowship credentials and real trial experience to complex family law issues in Missouri, Oklahoma, and Arkansas. Partners Aaron Bundy and Kathleen Egan are fellows of the American Academy of Matrimonial Lawyers. Partner Aaron Bundy is also a fellow of the International Academy of Family Lawyers.

Our lawyers have trained with the National Family Law Trial Institute and Trial Lawyers College. Named in Chambers and Partners and Best Lawyers, we know how to take the sophisticated litigation approach necessary for high-stakes cases and translate it into practical solutions for business owners, executives, and professionals faced with intricate financial issues.

Requirements for Dissolution of Marriage in Missouri

Missouri refers to divorce as dissolution of marriage. Before entering a dissolution decree, Missouri courts need to determine that the marriage is irretrievably broken in accordance with Missouri Revised Statutes § 452.305.

Typically, one spouse must have been a resident of Missouri for 90 days before filing the petition. This requirement is subject to a military spouse residency exception in the statute. Further, Missouri requires the parties to wait 30 days from the date of filing before the court can enter a dissolution of marriage judgment.

Divorce Cases Involving Carthage Couples

High-asset divorce cases for residents of Carthage are usually filed in the Jasper County Circuit Court, Carthage Division. The address for this courthouse is 302 South Main Street, Carthage, MO 64836. Issues of marital property distribution, spousal maintenance, custody, and child support can all be decided in dissolution cases.

According to the CDC, Missouri has a divorce rate of 2.4 per 1,000 residents. Additionally, in Carthage, 13% of males and 20% of females aged 15 and older are divorced.

Property Division in Carthage

Courts do not need to divide marital property equally, although they may do so. Factors that impact distribution can include economic circumstances of each spouse, contributions to acquiring the property, and marital misconduct.

Assets acquired during marriage are presumed marital property. Ownership of inherited assets and gifts are exceptions to this general rule. When drafting or reviewing divorce settlements, carefully consider transactions that may change the nature of separate property.

Business Valuations

Dividing ownership of a business may require valuation of that business, even if it does not appear on paper to have significant value. Some common factors valuation professionals consider include the company’s profits, total debts, ownership restrictions, and sales of comparable businesses. Businesses that are not publicly traded need to undergo further analysis. This is often the case with closely held companies.

For example, medical professionals may need to value their practice as part of divorce negotiations. Medical and dental professionals usually have significant equipment, outstanding payments, and perhaps even a legally recognized business reputation to consider. Similar considerations exist with executive compensation. An improper valuation can skew property division and make settlement impossible.

Custody and Parenting Plans

Custody is determined by the best interests of the child. Missouri courts begin a custody case with the assumption that equal, or almost equal, parenting time is what is in the child’s best interest. Parenting plans address parental responsibilities including:

• Parenting time
• Holiday schedules
• Decision-making
• Communications

While the courts assume that mostly equal parenting time is in the best interest, parents do not need to share physical custody exactly 50/50 to have joint physical custody. Courts consider distance between parental residences when parents live away from each other. Travel time and school calendars can impact parenting schedules. Domestic violence is another important consideration in child custody decisions.

Hire a Divorce Lawyer

You may want to hire a divorce lawyer if there is a significant amount of marital property, a business to divide, or financial disclosures in question. A Carthage divorce attorney can assist you in submitting financial records during discovery, scrutinize documents related to business ownership, arrange for business valuations, and examine proposed divisions of marital property.

FAQs

Can You Get Divorced in Missouri if Your Spouse Refuses to Sign the Papers?

Yes. In Missouri, both spouses do not need to consent to the divorce. A spouse who refuses to sign the divorce petition or participate in the case still needs to be served with legal papers. With limited exceptions, the Court can grant a dissolution of marriage without the other spouse’s participation if all of the required legal paperwork has been filed and procedural requirements are met.

Can I Date Other People While Getting a Divorce in Missouri?

Dating during divorce is not illegal in Missouri. The court may consider evidence of a new relationship if you spend marital money on your new partner or if custody of your children is an issue. Missouri is a marital misconduct state, which means the court can consider misconduct when deciding how to divide property and whether to award maintenance. However, dating during divorce does not automatically mean you are going to lose your case.

Who Is Responsible for Credit Card Debt After Divorce in Missouri?

If you and your spouse have marital credit card debt, the Missouri divorce judge can divide the debt in the final divorce judgment. However, the divorce judge’s allocation does not prevent the credit card company from pursuing either spouse for repayment. If you and your ex-spouse are both legally responsible for the credit card account, the card company can seek payment from either spouse according to the agreement you both signed.

What Happens if Your Spouse Hides Assets During a Missouri Divorce?

During divorce, if one spouse hides money or assets, it can negatively impact that spouse’s ability to receive a fair share of marital property. Through financial discovery, the other spouse can learn about hidden bank accounts, business interests, or transfers to a third party. The court can sanction a spouse who hides money during divorce or take the misconduct into consideration when dividing marital property.

Schedule Your Consultation Today

Divorce is more than a personal decision, but it is a legal one as well. Bundy can assist you in the legal process. Contact us today to schedule a consultation.