Neosho Divorce Lawyer

Those with significant assets may face unique financial challenges during divorce. A Neosho divorce lawyer can explain Missouri law and represent you in disputes over property division, spousal support, and parenting plans. Divorce can be difficult to navigate. Bundy can help you in the legal process to protect your future.

Experienced Family Law Trial Counsel Firm

Business owners, executives, professionals, and families with complex financial portfolios are represented throughout Missouri, Oklahoma, and Arkansas. Aaron Bundy and Kathleen Egan are fellows of the American Academy of Matrimonial Lawyers. Aaron Bundy is also a fellow of the International Academy of Family Lawyers.

Two members of the firm have earned family law trial certification from the National Board of Trial Advocacy. Our Neosho family lawyers use advanced litigation skills and financial experience to prepare every case for resolution at settlement or trial.

Filing for Divorce in Newton County, MO

Divorce is referred to as dissolution of marriage in Missouri. According to Missouri Revised Statutes § 452.305, a dissolution decree cannot be issued by the court unless it finds that the marriage is irretrievably broken.

In most cases, either spouse must have been a resident of Missouri for at least 90 days before filing for divorce. This requirement is subject to the residency provisions for military spouses in the statute. Missouri law also states that there must be 30 days from the date of filing before a judge can grant a dissolution judgment.

The CDC reported that Missouri has a divorce rate of 2.4 per 1,000 residents. According to the Census Reporter, 12% of males and 11% of females aged 15 and older in Newton County are divorced. Divorce actions for residents of Neosho are usually filed in the Newton County Circuit Court located at 123 East Main Street, Neosho, MO 64850.

If spouses cannot agree on the value of property, disclosure of finances, custody of children, or classification of property, the divorce may require additional hearings and discovery.

How Courts Determine Marital Property in Missouri

Courts are required to first identify each spouse’s individual assets before equitably distributing marital assets and debts. Judges have the discretion to weigh all pertinent circumstances when deciding how to divide the shared property. Marital property usually includes all property acquired by either spouse during the marriage. If property is determined to have been acquired before marriage, as a gift, or by inheritance, it may be ruled separate property.

Gifts from one spouse to another during the marriage are generally considered marital. If spouses come into dispute when non-marital funds are commingled in a joint account or used to pay the mortgage on a family home, the court may look to documentation of the transactions. It may consider evidence of each spouse’s stated intentions.

Retirement Accounts and Deferred Compensation

Retirement plans can account for a large percentage of marital assets, especially in cases of long-term marriage. Retirement accounts, whether employer-sponsored pensions or individual plans, represent just a portion of the financial assets that can be subject to division in a divorce. To determine what portion of an account is subject to division, attorneys may review statements showing the account balance at separation and contributions made during the marriage.

Qualified domestic relations orders are required to divide certain retirement plans. Executives and managers may also face issues with deferred compensation earned during marriage but payable after separation or divorce. Spouses should consider when bonuses, stock awards, and other compensation packages were earned.

Hire a Divorce Lawyer

You should consider consulting an attorney if you and your spouse cannot agree on how assets should be divided. If your spouse is hiding assets, refusing to disclose finances, or you believe you are entitled to a share of retirement accounts, you should hire a divorce lawyer.

A Neosho divorce attorney can help you obtain financial documents, investigate large or unexplained transactions, arrange for professional appraisals, and draft settlement agreements. Your attorney can also advise you if a qualified domestic relations order is necessary to divide your retirement accounts. Your divorce attorney can represent your case at trial if you cannot settle.

FAQs

Can You Get a Divorce in Missouri Without Going to Court?

Yes, you can get a divorce in Missouri without going to court. Depending on local rules, a judge might sign off on papers submitted by the parties and enter a judgment of dissolution. Both spouses still need to comply with applicable filing requirements, and the court may still need to approve any required agreements. Cases in which contested matters are present require some hearing or court appearance.

Does Missouri Require Spouses to Live Apart Before Divorce?

Living apart before filing for divorce is not usually required in Missouri. Spouses who are in the process of obtaining a dissolution decree may continue to live together. However, it may create additional complications when dealing with finances and household duties. Cohabitation does not necessarily negate the contention that the marriage is irretrievably broken. There are additional requirements that must be met before the divorce can be finalized.

Can You Ask for Temporary Financial Support in a Missouri Divorce?

Yes, either spouse can request temporary maintenance during divorce proceedings in Missouri. Orders of temporary support can help both spouses meet their financial obligations until the divorce is final. Temporary maintenance is determined by looking at the financial circumstances of both spouses. However, receiving temporary support does not guarantee that you are going to receive support after the divorce is finalized.

What Happens if My Spouse Refuses to Disclose Financial Information?

If your spouse is being completely uncooperative, you can ask the court to force them to comply with discovery. Failure to comply with court orders can result in penalties. Keep in mind that financial documents, business records, and depositions can be used to catch your spouse in a lie if they underreport their income.

Get Legal Help Today

The decisions you make during your divorce can affect your finances, property, and family for years to come. Bundy’s experienced trial lawyers are ready to assist you through intricate divorce cases in Neosho. We can assist you whether you have significant assets at stake or are fighting for custody. Contact us today to begin discussing your legal options.