Property Division

Property Division: Jefferson City Divorce and Family Law Attorneys

In a proceeding for dissolution of the marriage or legal separation, the court is required to set apart to each spouse such spouse’s nonmarital property and to divide the marital property and marital debts as the court deems just after considering a number of factors.

Marital property includes all property acquired during the marriage with certain exceptions. Notably, property acquired through inheritance, gift, bequest, devise and property which was owned prior to the marriage is generally deemed non-marital property.

Some spouses are able to reach an agreement in dividing marital property. Other times, one spouse believes he or she should receive a much larger share of the marital property than the other spouse which ultimately results in a trial. Disagreements often involve the division of equity in the home, a division of retirement benefits, stocks, bonds, farmland, family-run business, partnerships, LLCs, residual business benefits, and others. More commonly, a spouse may have amassed property or money through inheritance, gifts, bequests, devises or as a result of property which the spouse owned prior to the marriage, but may have commingled their property which can change the legal analysis. These types of divorce and property division cases are complex and require experienced attorneys as the amounts of money usually involve several thousand if not hundreds of thousands of dollars. Many of our clients are licensed professionals, business owners, and business executives.

Our experienced family law and divorce lawyers at Brydon, Swearengen & England P.C. in Jefferson City represent clients in contested divorce cases involving significant property division issues.  Our attorneys have the experience you need to successfully litigate these complex cases. Our family lawyers and attorneys also recognize that trial and litigation is not necessarily the goal of every client. Therefore, our attorneys also encourage mediation and settlement as alternatives to trial.

In addition to divorce and property division cases, our family law attorneys and divorce lawyers provide professional representation for many family law matters including divorce, child custody, maintenance or spousal support, paternity, temporary hearings, adoption and termination of parental rights, pre-nuptial agreements, post-judgment modifications, ex parte orders of adult protection, ex parte order of child protection, restraining orders, contempt and enforcement proceedings.  Our attorneys take the time to fully explain how the court “system” works, detail the law relevant to your case and outline realistic expectations.  You can expect a courteous and knowledgeable staff, access to experienced attorneys and fair billing.

Our attorneys at Brydon, Swearengen & England P.C. in Jefferson City have a reputation for excellence, thorough preparation, and innovation. Our family law attorneys and divorce lawyers have diverse experience and complimentary talents to provide you attentive, efficient service. From our office in Jefferson City, Brydon, Swearengen & England P.C. attorneys handle family law matters for clients throughout Mid-Missouri, in Jefferson City, Columbia, Eldon, Linn, Fulton, Osage Beach, Lake Ozark, Camdenton, Versailles, Boonville, Mexico, Sedalia, Hermann, Vienna, Montgomery City, Waynesville, as well as the counties of Audrain, Boone, Callaway, Camden, Cole, Cooper, Gasconade, Maries, Miller, Morgan, Moniteau, Montgomery, Osage, Phelps, Pulaski, and others.

Contact our attorneys Scott Hamblin and Erin Wiseman to schedule your appointment today.