Legal Question in Family Law in Missouri

My wife and I want to get a uncontested divorce.I live in Troy,MO,

She lives in South Carolina.We have no kids and no property to separate.

We have been living a separated for about 3 years now.I have the

paperwork already done.I just want a lawyer to look over my paperwork

before I file to see if everything is,OK.

I went to the Lincoln County website,where I fill out the papers..


I need to know if there is any lawyer that will take a look at my paper

work and give me some advice,if anything is wrong

Asked on 8/22/11, 11:22 am

1 Answer from Attorneys

Shelley Bishop The Law Office of Shelley L. Bishop

You need to reread the definition of "marital property" on your handy dandy pro se forms. Any asset received by either party from the day you were married is marital property unless it is subject to one of the exemptions that make it separate property. There is no exemption in the statute for property purchased while separated, unless you went through the process first of obtaining a "legal separation" or perhaps if you have a post-nuptial agreement. Since it is doubtful that you did either of those things, you have "property to separate". That means every asset received during the marriage - televisions, guns, houses, cars, retirement plans, etc., unless specifically exempted by statute.

I highly advise you to hire an attorney to give you legal advice on a Limited Scope Representation basis to go over with you the assets you may have that must be listed in order to protect you and to advise you on the paperwork that you have drafted. It would probably have been less expensive to simply hire an attorney to do the dissolution on an uncontested basis, and if you have not yet filed anything, I would highly recommend that you do so.

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Answered on 8/23/11, 12:31 pm

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