If you disagree with a court order, make sure you hire a good St. Louis divorce lawyer experienced in the economics of divorce to ensure a good outcome for you.
The division of assets is one of the most delicate parts of a divorce. Unfortunately, it often leads to more conflict between the separated spouses, as they are splitting their previous shared life. The division of assets can affect your living arrangements, business, financial status, and quality of life, so it is clear that it needs to be done with equity and objectiveness.
If you are in the middle of a divorce and feel that the division of assets was done to your disadvantage, you can appeal to the trial court’s decision and defend your case. But, as it involves such a big part of your separation, it is a delicate matter that needs to be handled with the help of a good St. Louis divorce attorney.
Division of Assets in Missouri
The property that the spouses acquire during their marriage is called “marital property.” This will be the property that will be divided during a divorce. This is the first thing to check during the division of assets, as the state of Missouri automatically considers any goods that were purchased during your marriage as common goods unless you prove otherwise. So, if you have certain goods you purchased with your own finances, you should provide the necessary evidence to get them off the marital goods list.
The second principle that you must know about the division of assets in Missouri is that a judge will not necessarily divide your marital assets equally but in an equitable way. This will depend on what financial status the other spouse will be left with, how much you both contributed to marital or commingled property, how much of non-marital properties you two have, and what custody arrangements you have in place for your minor children.
What Conditions Must Be Met for You to Appeal?
First of all, the appeal must be done in a certain span of time from the court’s initial decision. In Missouri, you must file your appeal for twenty days from the signing of the court decision, and the court is obliged to solve your settlement in twenty days from your timely appeal.
To support your claim, you must provide evidence that non-marital property was included in the division of assets or what was considered equitable is actually putting you at a disadvantage. This is not easy to demonstrate without papers and written records of your property ownership, sources, or other factors that usually influence a judge’s decision when dividing marital assets.
If you disagree with a court order, make sure you hire a good St. Louis divorce lawyer experienced in the economics of divorce to ensure a good outcome for you. They can advise on the proper steps to appeal the court’s decision.
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