It is never an easy process when a marriage ends. Many misconceptions surround the concept of divorce: hiding assets, blame placing, and the idea that the wife can take the husband for everything he’s got.
Those are all myths. The actuality of divorce is that the court will look at the history of the marriage as well as the history of each person involved.
Breaking Up Is Hard to Do
Here is a brief break down of what will happen once the papers have been filed:
In Missouri, the circuit court will divide marital property equitably between the spouses. This means that the court will consider factors such as each spouse’s contributions to the marriage, the length of the marriage, and each spouse’s financial resources, among other things, to determine a fair property division.
The court may also award spousal support (sometimes referred to as alimony) to one spouse if necessary based on factors such as the length of the marriage, each spouse’s earning capacity, and each spouse’s financial needs. It’s important to note that every divorce case is unique, so it’s best to consult with a qualified family law attorney for specific advice on your situation.
The Properties of Marriage
In Missouri, marital property is generally defined as any property acquired by either spouse during the marriage, with some exceptions. This includes tangible assets like real estate and personal property, and intangible assets like retirement accounts and investment portfolios.
Missouri is an equitable distribution state, meaning the marital property is divided somewhat, but not necessarily, equally between the spouses in a divorce. The court will consider factors such as each spouse’s contribution to the acquisition of the property, the value of the property, and each spouse’s financial resources, when determining how to divide the marital property. It’s important to note that separate property, the property that one spouse acquired before the marriage or through inheritance or gift during the marriage, is generally not subject to division in a divorce (although certain actions during the course of the marriage can have an impact on that outcome).
No Playing Favorites
In Missouri, the wife receives no special treatment in a divorce. The court will make decisions based on the specific facts and circumstances of the case, including each spouse’s contributions to the marriage, the length of the marriage, and each spouse’s financial resources.
The court will also consider related matters such as child custody and support. Ultimately, the court will aim to make decisions that are fair and equitable for both parties. It’s important to note that Missouri law prohibits discrimination based on gender, so the court cannot make decisions based solely on the gender of the spouses.
If you are preparing for or are involved in the process of divorce, the law team at Brydon, Swearengen, and England can help you navigate the legal system and represent you with pride.