How are assets split in a divorce in Missouri?

Missouri is an “equitable distribution” state, which means judges will divide marital property in a way they believe is equitable (fair), but not necessarily equal. A court doesn’t have to give each spouse a 50% share of the marital assets. the value of either spouse’s non-marital property.

Is a spouse entitled to inheritance money in Missouri?

According to the inheritance laws of Missouri, which does not recognize common law marriages, spouses are entitled to 100% of the intestate estate if there are no surviving children. If you have children, your spouse is entitled to the first $20,000 in value of the estate, plus 50% of the balance of the estate.

Is Missouri a 50 50 state in a divorce?

Will a Missouri Judge Split Our Property 50/50? In Missouri, divorce courts follow an equitable distribution of property–not a community property (50/50) approach. This means a judge will divide your marital property equitably or fairly, but not necessarily equally.

Does the spouse get everything after death in Missouri?

In Missouri, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants — children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property.

How does divorce work in the state of Missouri?

Missouri is an “equitable distribution” state, meaning, a judge will decide how to divide “marital property” based on what they see as “fair” or equitable. That does not always mean that property will be divided 50/50. How does adultery affect divorce in Missouri? Adultery does not typically affect divorce in Missouri from a legal perspective.

Can a adultery be a grounds for divorce in Missouri?

However, because Missouri is a no-fault state, adultery cannot be used as a grounds for divorce. But it can still have an impact on things such as alimony, child custody or in a division of assets.

How much does it cost to file for divorce in Missouri?

Fees: The average filing fees in Missouri is around $163, but this can vary from one county to another. If you plan to hire a lawyer, your costs will be anywhere from $4,000-$29,000 and the average fees of the lawyer is around $10,600.

Is the state of Missouri a 50 / 50 divorce?

Is Missouri a fifty-fifty state during a divorce? No, Missouri is not a 50/50 state during the divorce process. Missouri is an “equitable distribution” state, where a judge will decide how to divide marital property if the two parties cannot reach an amicable settlement.

What do you have to pay for a divorce in Missouri?

In getting a divorce in Missouri, you will most likely have to pay for attorney’s fees and court filing fees. Depending on the facts of your case, the court may order you to pay maintenance (or alimony), child support, or other money to your spouse to divide your property, possibly including your spouse’s attorney’s fees.

How is property divided during a divorce in Missouri?

Nonmarital or Separate Property in Missouri “Nonmarital” property (also referred to as “separate” property) is everything that’s not marital, and it belongs to only one spouse. The general rule is that the court does not divide separate property during a divorce, and it stays with the spouse that acquired it.

Can a military spouse get a divorce in Missouri?

If you or your spouse are a member of the military and want to get a divorce in Missouri, you or your spouse live or be stationed in the state as a requirement. The grounds for a military divorce are the same as they are for a civilian divorce.