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.
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…
I originally hired a family attorney in Columbia, who said he would fight to keep my rights with my young daughter. After a month, this Columbia attorney stated that I should just settle and do 50/50 custody with my daughter's biological father. I was not satisfied with this response so I hired Scott Hamblin instead. He informed me that it could be a long battle, but it would be worth taking to court and not settling at 50/50. HE WAS RIGHT!!! Scott kept me informed every step of the way and fought for me in the court room. I will…
I would highly recommend attorney Scott Hamblin. Mr. Hamblin was very easy to work with, explaining all my options as the case progressed. He took into consideration my priorities, what was most important to me, and skillfully negotiated them into an ideal settlement agreement. And his legal assistant, Madasyn, is such a delight to interact with.
For accessible and experienced representation, contact attorney Scott Hamblin today.
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