When you are going through a divorce, it is natural to worry about assets that you have spent a good part of your life building. In particular, when you own a business, it can be difficult to think about giving up a company that you are committed to and that serves as your primary source of income. As such, you may be wondering, “Will my business be considered marital property, and will it be divided in my divorce?” The answer to those questions will depend upon the specific facts of your case. Our Missouri divorce lawyers will explain in more detail, and we can speak with you today about your case if you require assistance.
One of the key questions for determining whether your business will be considered marital property—and thus subject to division in your divorce—is when you opened the business. If you started the business prior to the date of your marriage, any assets that went into the business or that the business earned before the date of the marriage would be considered separate property.
However, if you opened the business after the date of the marriage, under Missouri law, the business is likely to be considered marital property unless it falls into an exception.
Even if you opened the business prior to the date of the marriage, have you used any marital assets to support the business or to expand the business in any capacity? If so, then the business assets are likely to be considered “commingled” property, meaning that they have characteristics of both separate (non-marital) and marital property. The court can attempt to trace out the different types of property, but sometimes assets are so commingled that they cannot be separated and may be classified wholly as marital or separate property.
Even if the business is likely to be classified as marital property based on when you opened the business and what assets have been used to support it, did you exclude the business from your marital property in a prenuptial agreement? If you did, and the prenuptial agreement is likely enforceable, you should not have to worry about whether or not your business will be divided in your divorce.
If you do not have a prenuptial agreement, or the prenuptial agreement does not include your business, you may still be able to create an enforceable postnuptial agreement in which your business is excluded from the marital property that the court will consider in your divorce case.
If you have questions about the classification of your business as marital or separate property, you should seek advice from a Missouri divorce attorney at our firm as soon as possible. Even if your business will likely be classified as marital property and will be subject to division, we can discuss options with you for retaining the business and ensuring that you can continue running your company after your divorce is finalized. Contact Scott A. Hamblin today for more information about the services we provide to clients who are getting divorced in Missouri.
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.
I cannot say enough good things about Scott Hamblin and his team. From the beginning, Scott was extremely organized, thorough, and realistic. He was always honest with me about my options and what to expect, and he never made promises he couldn't guarantee. At the same time, he was confident, strategic, and fully prepared. Going into trial, I knew we had challenges. It was clear the guardian ad litem's position was biased and not favorable to me, and at times, it felt like the odds were stacked against me. However, Scott's preparation, command of the facts, and ability to clearly…
If you are looking for an attorney who always strives to win, Scott is your number one choice. He is here for you and is there to win the case. I believe he has the best of intentions to do the job he is hired for every time. Best of all, he takes pride in his work!! If you are reading this, there is no need to look any further.
Going to court is, without a doubt, the scariest and my stressful thing that I have ever done. All the legalities and unknowns are all you can think about, and having a good attorney to ease some of those worries is essential. From the first day we met Mr. Hamblin, he has been kind, understanding, and patient with us. He was great at listening and giving us options. Also, when needed, he communicated when we were being unreasonable. Honestly, we have all been a little unreasonable when frustrated, but I was glad he communicated that before we went to court.…
This is where I found myself about a year ago – reading Scott Hamblin’s Google reviews and wondering who I should turn to for help. My ex-wife (a former family law attorney) was trying to relocate our two children out of state. I’m not an attorney. I didn’t yet live in Cole County. I read Scott’s bio and his reviews and decided to take a chance. It was one of the best decisions I made during the most difficult year of my life. Scott is a trial attorney, and he is a pro. He set clear expectations about the case,…
When first starting out I wasn't sure who could handle my situation I was in I did some research on Google and found Scott Hamblin and read the reviews I ended up hiring Scott Hamblin and I was in a situation where the Mom was making really bad allegations and alienating me from my Child but in the end Scott Hamblin was a great lawyer he did his job extremely well and was able to get my son back to me I definitely would recommend him to anyone that is in need with any kind of legal or family case.
Attorney Hamblin is extremely professional, kind, and caring. We hired him for a family law case. We won!! He was prepared for the case and did an excellent job. I would highly recommend him. I trust him so much that I’m planning to have him help us with our will next. I deeply appreciate how hard he worked for us.
I was going through a contested divorce case and custody battle. When I hired Scott I felt my world was crashing around me. Scott jumped in and handled the case very professionally and to the point. He argued the facts and made sure that my rights was not violated. I am happy to report that I have my children with me now and could not be happier. Thank you Scott for fighting for me. If I ever need an attorney again, Scott Hamblin will be the one that I am going to call.
I hired Scott in the middle of my 2 yearlong custody modification case. After discussing with Scott about how I felt I did not have an aggressive enough lawyer with my first lawyer for the case, I was fighting against ex-husband, Scott gladly took the case. Scott and Madysn were extremely responsive with questions that I had and, helped me along the way to make the best decisions for my case with my financial situation in mind. Scott left no rock unturned in the trial and was extremely prepared for the case. After a long 2 days' worth of trial,…
Scott was knowledgeable and efficient, expertly guiding us through the process. He took the time to explain every step clearly and made sure we felt informed and confident in our decisions. Beyond his professionalism and attention to detail, Scott was also incredibly kind and personable, which made working with him a genuinely positive experience. His responsiveness and approachable demeanor helped put us at ease throughout. I would highly recommend Scott to anyone in need of legal services.
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!
For accessible and experienced representation, contact attorney Scott Hamblin today.
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