Legal Question in Family Law in Missouri

Re: divorce property purchase

The question you pose is not an easy one to answer. In the first place, if you put money down or make payments towards a new home while you are separated but still married, then your spouse has at least a claim against it since your payment presumably came from marital funds. (The money you earn while you are married is considered a marital asset.) So, I believe that most of the time we suggest waiting until after the divorce to purchase new property. If you can not do that, and if your spouse is cooperative and trustworthy, it might be possible to prepare all of the legal documents including a Settlement Agreement in an attempt to push the divorce through the courts as quickly as possible and provide you with a semblence of protection. If you are anxious to proceed, you should make an appointment to meet with an attorney without delay. The initial pleadings can be prepared and filed as soon as the fees are paid and you provide all of the necessary information. If you spouse wants to proceed without separate legal counsel, your spouse can sign an Entry of Appearance to avoid the expense, delay and possible embarassment of being served the legal papers by the sheriff. That must be filed after the initial documents. Then the law requires a thirty day waitng period. During that time you could have a Settlement Agreement prepared and signed by both spouses, together with Affidavits to submit together with a Family Court Judgment form, and we can usually get those signed by the Judge without much delay. You will be divorced as of the day the Judge signs the Judgment, so any property you acquire after that date will be yours alone. However, the Judgment itself does not become final for legal purposes for another thirty days. I hope that this brief, general discussion has been helpful. I strongly suggest that you contact an attorney immediately. Good luck.