Over thirty million small businesses currently operate in the United States, and many of these “mom and pop” shops end up the subject of divorce when “mom and pop” decide to end their marriage. Sometimes, the parties need to determine if the business can continue if both play key roles in its operation. If not, the business may need to be sold and the parties would share the proceeds as a marital asset, subject to any separate property distribution that may be necessary as a result of one party using premarital funds to start the business. But when the business may continue with the operation ..read more

Yes, it is that joyous time of year when we all must pay our federal and state income taxes, and for newly divorced persons, with or without children, the sudden change in status could have very real consequences for your financial bottom line with Uncle Sam. So, we thought we would offer some helpful hints as you sort through your receipts and sharpen your pencils (mechanical or electronic). Filing Status First, the most important fact to address is your filing status. If you were divorced during 2023, you cannot file as a married person anymore. It may seem obvious, but many people wond ..read more

In entering a final judgment of dissolution of marriage, a court reshuffles the marital estate. Property that used to be jointly held becomes the separate property of one or the other spouse. Often, this reshuffling could impact specific bequests in a will and would need an amendment to correct. But the greatest reshuffling occurs by the fact of divorce itself – a couple is no longer husband and wife, and each has forfeited by law claims to the estate of the other unless the court provided otherwise in the judgment of dissolution of marriage. So, for example, in a simple will where a spou ..read more

Domestic Violence, whether physical abuse or another form of harm, may lead to or stem from divorce proceedings. In Missouri, as in every state, courts must take allegations of domestic violence seriously. At the same time, courts must not assume that an allegation is true just because a party to divorce makes the allegation; rather, the party making the allegation must prove by a preponderance of the evidence (in a divorce case) that the incident did occur. Domestic Violence (or Adult Abuse) is commonly associated with physical abuse, such as hitting or kicking a spouse. However, the term dom ..read more

Are you getting a divorce soon? If so, you’ll have to sort out many things to make it final, including credit card debt you might share as a couple. When you have credit card debt in both of your names, from the credit card company’s perspective you are equally liable for the outstanding balance, even following the divorce. The same rule applies to accounts you cosign, and you’ll owe the debt if your spouse doesn’t pay the balance due. You could also be held equally responsible for your ex-spouse’s debt, even if you’re not a joint owner or cosigner. Who Is Liable for Credit Card Debt in a ..read more

There is more than one way to divorce. Although the most common way is for each spouse to hire an attorney and litigate the divorce, it is not the only way. Divorcing couples may prefer to resolve their divorce issues out of court for various reasons. Keeping the matter private, reducing attorney’s fees, and minimizing stress are just a few examples. One of the most popular out-of-court options is to resolve divorce issues through the divorce mediation process. Divorce mediation is a voluntary process. Although success is not guaranteed, the divorce mediation process is often worth considering ..read more

Yes, it is that joyous time of year when we all must pay our federal and state income taxes, and for newly divorced persons, with or without children, the sudden change in status could have very real consequences for your financial bottom line with Uncle Sam. So we thought we would offer some helpful hints as you sort through your receipts and sharpen your pencils (mechanical or electronic). First, the most important fact to address is your filing status. If you were divorced during 2023, you cannot file as a married person anymore. It may seem obvious, but many people wonder why if ..read more

When it comes to filing for divorce, many may conjure up the image of a lengthy, contentious court trial. While litigation may be necessary for some scenarios, it doesn’t have to be the standard for how a divorce unfolds. If you are considering a divorce, but your stomach turns at the thought of going to court, there are other options available to you. Both mediation and collaborative divorce are alternative approaches to a litigated divorce that help separating couples stay out of court and work through their divorce amicably. While both approaches to divorce are non-litigious, there are ..read more

As parents and their children rush to complete college applications, many also wonder how they will afford to pay for college.  When parents are divorced, the financing of college may be allocated in the Parenting Plan, but it does not answer the ultimate question of what the divorced parents can afford. In Missouri, parents must look to their Parenting Plan to determine what, if any, responsibility the court requires of them regarding paying for college. It is best if parents can agree during the divorce whether and how to contribute to college.  Some families have been taking advan ..read more

Divorce challenges every couple; no one likes to go through the end of a marriage. While both spouses may hope that the process goes smoothly with as little conflict as possible, that often ends up not being the case. In this post, we discuss the peculiar difficulties when one of the parties is a narcissist. We should begin with an understanding of the characteristics of a narcissist. Derived from the Greek myth about a hunter in love with his own beauty, a narcissist is much more than someone highly self-absorbed. Rather, the pathology begins when the degree of focus on the self blocks o ..read more