Divorce can be a challenging and emotional process, and one of the most complex aspects is property division. As an experienced attorney with over two decades of practice in family law, I, Scott A. Hamblin, have helped many clients navigate this intricate issue with clarity and confidence. I am here to help you understand property division in Missouri divorces. My goal is to help you understand your rights and protect your interests Throughout this process.
Missouri follows the principle of equitable distribution, which means that property is divided fairly but not necessarily equally between spouses. Unlike community property states where assets are split 50/50, Missouri courts strive for a division that is just and reasonable based on the circumstances of each case. This approach takes into account multiple factors to ensure that both parties receive a fair share of the marital estate.
In a Missouri divorce, it is crucial to distinguish between marital and non-marital property. Marital property includes all assets acquired by either spouse during the marriage, regardless of whose name is on the title or who purchased the item. Non-marital property, on the other hand, consists of assets owned before the marriage and gifts or inheritances received by one spouse during the marriage, provided they have not been commingled with marital assets.
It is important to note that non-marital property can sometimes become marital property if it is mixed with marital assets. For instance, if a pre-marriage savings account is used for joint expenses or investments during the marriage, it may be considered marital property.
When dividing marital property, Missouri courts consider several factors to determine what is fair and equitable. These factors include:
The court examines the financial situation of each spouse at the time of the property division. This includes their income, employment status and potential future earning capacity. The goal is to ensure that both parties can maintain a reasonable standard of living post-divorce.
Contributions are not limited to financial input. The court also values non-economic contributions such as homemaking, child-rearing and supporting the other spouse’s career. Each spouse’s role in acquiring and maintaining the marital property is taken into account.
The value of any non-marital property set aside to each spouse plays a significant role. The court assesses whether one spouse has substantial non-marital assets that might justify awarding more marital property to the other spouse.
The court also considers the custodial arrangements for any children from the marriage. If one spouse is awarded primary custody, the court may grant them the family home or other assets to ensure stability for the children.
Navigating the complexities of property division in a Missouri divorce can be daunting, but you don’t have to face it alone. With my experience as a family law attorney, I am dedicated to providing compassionate legal representation to ensure your interests are safeguarded. Every case is different, and I will work closely with you to develop a strategy tailored to your specific needs and goals.
If you need legal assistance with your divorce, contact me, Scott A. Hamblin. Together, we can work towards a fair and just resolution that protects your future.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
Scott and his office were so helpful, thorough and professional during a very adversarial divorce. He offers good solid advice. He does not pursue options which will more than likely not yield a good result ( unless the client insists). He strives to give his clients the best results for their money. He's personable but professional. He answers inquiries quickly and clearly. Highly recommend!
Mr. Hamblin is one of the best attorneys we have ever had the privilege to use. He is courteous and to the point. I would recommend him to anyone and we will continue to use his services.
Scott Hamblin is simply put - the best! Scott deserves 10 stars! He has all the qualities a person could ask for with legal representation and more. I even had a lawyer from another county tell me, Mr. Hamblin is an excellent lawyer. That remark alone told me how respected he is, by his peers. He's highly professional, extremely knowledgeable, respectful and courteous, does his due diligence to understand and know his case, has excellent communication skills with his staff and client. His performance in the court room arena was exciting to watch. Dynamic! I knew when I walked into…
Scott Hamblin is the best lawyer that I have ever met. He really cares about his clients and does not sugar coat anything. He works very hard to help his clients, and knows the law very well, and he will work with you on your tab if he can. The staff there is very helpful too. I would recommend Scott and that law firm to anyone that needs a lawyer. They are the best. And you get what you pay for, so give them a call.
I am very pleased with Mr. Hamblin. I needed an attorney for my custody case and I did not know who to use. I found Mr. Hamblin on the internet. All the reviews I read and now my experiences with him and his team are spot on. I was being denied reasonable time with my daughter. Her mother attempted to continue to limit my time but Mr. Hamblin's hard work and dedication to my case resulted in equal custody of my daughter. I highly recommend Mr. Hamblin!
I was thoroughly impressed with Scott Hamblin and his team, Madasyn and Cameo, as they represented me in a very difficult case, involving multiple businesses and complexities. Scotts knowledge and expertise was invaluable. He and his team involved me every step of the way throughout the entire process. I was included in email correspondences, as well as, phone and video calls with witnesses and experts. What stood out, and set Scott and his team apart from my previous counsel, was their authenticity and genuineness. They truly cared about me as an individual and truly cared about my case Scott and…
Finding an attorney is not easy, and in my case I was in a child custody modification that was being dragged out and messy. This went on for a full 3.5 years. I had other representation at the time that I didn’t feel was doing what was best for me and my kids. I reached out to Scott after taking time to review others reviews and asking around in the community for a collective opinion. Scott is hands down the most honest, direct, family law attorney I could have asked for. If I had a question or needed advise him…
My divorce was with a difficult person, Mr.Hamblin handled every aspect of the divorce, professionally and quickly, his experience and knowledge was extremely helpful. thank you, Mr.Hamblin for your support.
Scott helped us with a very difficult situation with utmost professionalism and expertise. He was at all times very professional and considerate of our needs. He provided excelent advise.
Scott will forever be regarded by myself as the best divorce lawyer in Jefferson City bar none. His service, expertise, knowledge and dedication to all of his clients is top notch. I hope that no one ever finds themselves in a position of his services, but if you do, you cannot make a wrong choice with him at your side. Scott was able to get a fair and equitable decision in my case and he will most certainly do the same for you if necessary. His knowledge of the law and experience from every case he has ever tried were…
For accessible and experienced representation, contact attorney Scott Hamblin today.
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