Yes. Under Missouri law, courts in divorce proceedings must determine the character of property owned by the parties as either non-marital (also known as “separate property”) or marital property.

The separate property is “set apart” or given to the party who owns that property as his ohere (click here for link to property statute)r her separate/non-marital property. All marital property must then be awarded in some way.

You can review the statutes related to the award of property by clicking here (click here for link to property statute).

When parties do not have a written agreement that states otherwise (such as a prenuptial agreement), “marital property” is all property acquired by either spouse after the marriage (including a party's wages and income), except for property acquired in a specific manner making that property separate property under Missouri law.

Those exceptions making property separate are described below.

Property acquired prior to the marriage is generally separate property. Those exceptions that may cause property acquired after the date of marriage to be considered as separate property are as follows:

1. Property acquired by gift, bequest, devise, or descent (think: gifted or inherited property);

2. Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise or descent;

3. Property acquired by a spouse after a decree of legal separation;

4. Property excluded by valid written agreement of the parties (such as a Prenuptial or Postnuptial Agreement); and

5. The increase in value of property acquired prior to the marriage or pursuant to the above four sections, unless marital assets including labor, have contributed to such increases and then only to the extent of such contributions.

Unless the parties agree to their own award of property (as can be done in this process), the court must then divide the marital property and marital debts "in such proportions as the court deems just after considering all relevant factors [see below].” The court will consider various factors to determine a “just” award of assets, including the following as well as any other relevant factors:

1. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children;

2. The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;

3. The value of the non-marital property set apart to each spouse;

4. The conduct of the parties during the marriage; and

5. The custodial arrangements for any minor children.

After considering the above factors, unless the parties agree to their own award of property, the court must make an “equitable division” of marital property. Although “equitable” does not necessarily mean “equal,” for many judges, the division of marital property is often equal depending on how much weight the judge gives to the above factors.

There are a lot of nuances in the application of these statutes so it is important to consult with an attorney for legal advice applicable in your situation.

If you and your spouse have unemancipated children together, then yes - a parenting plan will be required. The level of detail of this parenting plan depends on the age of your children. For example, if your children are older than age 18, no detailed custody schedule is required.

To review the Missouri statute explaining when a child emancipates, click here (click here for link to emancipation statute).

Remember that the judge in your case has the responsibility of determining whether any parenting plan you and your spouse enter into is “in your children’s best interests.” If the judge does not believe a parenting plan is in a child’s best interests, then the judge has the power to reject that parenting plan and enter other orders.

Parenting Plans typically address:

• Communication between Parents: How the parents will communicate regarding their children. For example, whether the parents will communicate in person, by email, or using a special parenting communication app such as Our Family Wizard, 2houses, or Talking Parents.

• Communication with the Children: Whether there will be any set times (or limits) for the parents to communicate with the children.

• Legal Custody: How major decisions will be made (whether parents will make major parenting decisions jointly, or whether one parent will have sole decision-making power).

• Transportation: Each parent’s responsibility for transporting the children and the location of those exchanges.

• Residential Schedules: These schedules will detail each parent’s parenting time during weekdays, weekends, summers and holidays.

• Support Provisions: These will include provisions for how insurance will be paid, how uncovered medical expenses will be handled, how childcare will be paid, whether there will be monthly child support, how extracurricular and educational expenses will be paid, and who will claim the children for tax purposes. Parenting Plans can also include provisions for the payment of college expenses.

Child support is fairly standard in Missouri and, depending on the circumstances, is generally ordered at trial unless the judge finds some extenuating circumstances which would make the support amount “unjust and inappropriate.”

Keep in mind, even when parents share time equally, there is often a child support amount. This is because child support is calculated after considering the resources of both parents, certain expenses that the parents are covering such as health insurance or childcare, as well as the number of overnights a child spends with each parent each year.

The child support chart is somewhat complex, so please know we are glad to review the mechanics of the chart with you and to answer any questions.

Under Missouri law, child support is calculated using the “Form 14” child support chart. This chart takes into account a variety of factors including:

• Your income

• Your spouse’s income

• Other child support or maintenance orders

• Childcare costs

• Insurance costs

• Other agreed upon costs

• And a custody adjustment for the amount of time the children spend with the parent paying support.

If you would like to review additional information regarding child support, click here (click here for link to statute regarding child support).

If you and your spouse have unemancipated children, then yes - we have to calculate a Form 14 child support amount. This is because the court must review the “presumed child support amount” prior to signing off on any parenting plan.

You and your spouse can agree to other terms - or even no child support if you are both in agreement (and assuming the judge approves).

Under the Missouri Child Support Guidelines, it is assumed that the parent entitled to receive support also gets to claim the minor children as dependents. The judge has the authority to override this in certain circumstances.

Under Missouri law, the court must apply a two-part test to determine if a spouse is entitled to receive maintenance, and if so, there is a list of 10 factors for the court to consider in determining the appropriate amount of maintenance (pursuant to Missouri Statute §452.335.1 and .2). You can review this statute by clicking here (click here for maintenance statute).

Under the two-part test for an award of maintenance, the court must find that the spouse seeking maintenance: (1) lacks sufficient property, including marital property apportioned to him [or her], to provide for his [or her] reasonable needs; and (2) is unable to support himself [or herself] through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that such custodian not be required to seek employment outside the home.

Assuming the court finds that both parts of the above test have been met, the court must then determine the amount of maintenance to award, if any.

To determine the appropriate amount of maintenance to award, the Court may consider the ten factors listed in Missouri Statute §452.335.2, as well as all other relevant factors. Those factors include:

1. The financial resources of the party seeking maintenance, including marital property apportioned to her [or him], and her [or his] ability to meet her [or his] needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;

2. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;

3. The comparative earning capacity of each spouse;

4. The standard of living established during the marriage;

5. The obligations and assets, including the marital property apportioned to her [or him] and the separate property of each party;

6. The duration of the marriage;

7. The age, and the physical and emotional condition of the spouse seeking maintenance;

8. The ability of the spouse from whom maintenance is sought to meet his [or her] needs while meeting those of the spouse seeking maintenance;

9. The conduct of the parties during the marriage; and

10. Any other relevant factors.

After the judge considers these factors, the judge would then determine the appropriate amount of maintenance, if any, to award.

Yes. There are two types of maintenance - statutory/modifiable maintenance and contractual/non-modifiable maintenance.

If the judge makes an award of maintenance at trial, that would be considered statutory modifiable maintenance. That type of maintenance would likely continue until modified or terminated “upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable.”

This “statutory, modifiable maintenance” would also terminate upon the death of either party or upon the remarriage of the person receiving maintenance.

In the alternative, in cases where a settlement is reached, it is sometimes agreed that one person will pay to the other, a fixed amount of maintenance for a fixed amount of time. This is called “contractual, non-modifiable maintenance.”