Missouri Family Law

Missouri laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute Missouri State Statute
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. No-fault
3. Equitable distribution or community property Equitable Distribution
a. Methods of apportionment
i. Periera and Van Camp in CA Not applicable
b. Property distribution factors "the spouses’ economic circumstances (meaning, how they're faring financially, and what their prospects are for future income based on their abilities to earn) at the time of the divorce
whether and how much each spouse contributed to the acquisition of the property
the value of either spouse’s non-marital property
the spouses’ behavior during the marriage (e.g., a spouse's property award may be reduced if he or she squandered marital assets), and
custodial arrangements for the minor children (if any)."
4. Legal separation? Yes
a. Waiting period/Separation period 30 days
5. Is mediation required No
6. Forms used Forms
7. Alimony guidelines and factors (1) The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian; (2) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; (3) The comparative earning capacity of each spouse; (4) The standard of living established during the marriage; (5) The obligations and assets, including the marital property apportioned to him and the separate property of each party; (6) The duration of the marriage; (7) The age, and the physical and emotional condition of the spouse seeking maintenance; (8) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance; (9) The conduct of the parties during the marriage; and (10) Any other relevant factors.
Alimony formula No
a. Types Temporary and permanent
b. Term Limits No more than 10 years
Cohabitation Judge's discretion as to whether alimony terminates
c. Imputing income Yes
d. Change in circumstances Substantial
e. Ceases on retirement File for modification
Impute income on early retirement Discretion
Early retirement for health reasons is involuntary Discretion
f. Definition of income
8. Child support factors and guidelines
9. Child support calculator Child Support Calculator
10. Lump Sum  Support allowed?

Allowed

11. Valuation Divorce
a. Valuation date
b. Goodwill divisibility Personal goodwill is not divisible.  Enterprise goodwill is divisible. - Hanson v. Hanson, 738 S.W.2d 429 (Mo. 1987)
c. Standard of value Fair market value
d. Discounts No
e. Shareholder/partner agreements Judge's Discretion
 12. Double dip  Impermissable double dip, not issue because personal goodwill not divisible
 a. Stock options  No decided
 b. Retirement accounts  No decided
 c. Child support No decided
 13. Key cases  
 14. Premarital agreements  
 15. Common law  


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