See Rule 4-1.16. Where more than one client is involved, whether the lawyer may continue to represent any of the clients is determined both by the lawyer's ability to comply with duties owed to the former client and by the lawyer's ability to represent adequately the remaining client or clients, given the lawyer's duties to the former client.
The marital interest in the home stems from the money the spouses put into the home during the marriage, as well as any market appreciation in the home during the marriage. The spouse who owned the home before the marriage has a nonmarital interest in the house based upon the value of the home at the time of the marriage.
Therefore, whenever a married person owns property in Missouri in his or her name (rather than in a corporate entity or trust), that persons spouse must consent to transactions involving the property.
This is because, under Missouri Revised Statute 474.150 “any conveyance of real estate made by a married person without the written expressed assent of his or her spouse is deemed to be in fraud of the spouses marital rights.”
The Missouri legal system sees marriage as an equal partnership and treats marital property in general terms. All assets, including income from employment or business, increase in investments, and growth in company shares are presumed marital property if they were acquired during the marriage.
In Missouri, nonmarital properties are any assets acquired before two parties married. For instance, if someone came into the marriage with a sizable trust fund, then it is considered a nonmarital asset, and the party who owned it before the marriage is entitled to keep it.
Is Missouri a fifty-fifty state during a divorce? No, Missouri is not a 50/50 state during the divorce process. Missouri is an “equitable distribution” state, where a judge will decide how to divide marital property if the two parties cannot reach an amicable settlement.
If you and your spouse have come to the conclusion that a divorce is in your best interest, you may be wondering if both of you can be represented by the same attorney. While it may seem convenient to be represented by the same layer, the short answer is no, you can't both be represented by the same counsel.
FACT: Missouri does not recognize common-law marriages. Missouri Statute 451.040 says that “[c]ommon-law marriages shall be null and void”, meaning the marriage has no legal effect.
Abandonment Laws in Missouri When one spouse leaves the other without consent, this is considered abandonment and it may be grounds for divorce in Missouri. Also, it is considered abandonment, or desertion, when the: Parties failed to agree about the departure.
These are common questions that lead to frequent misunderstandings about divorce and adultery laws in Missouri. The short answers are: (1) Missouri is NOT a no fault state but is considered a “modified no fault state;” and (2) infidelity can (but may not) affect your case.
The state of Missouri is neither a "Mother State", or "Father State". A frequent question we get at The Joshua Wilson Law Firm from spouses with children, that are going through the divorce process, and custody process is, "Will me being the father/mother, effect my chances at having custody of my child or children?"
The biggest change says – “As per new Divorce law, Wife share in property would be 50% in all her husband's residential properties, no matter what and in other properties, her share will be decided as per the court decision.”
conflict of interest. n. a situation in which a person has a duty to more than one person or organization, but cannot do justice to the actual or potentially adverse interests of both parties.
Adam Lefkowitz. Generally, no. The mere fact that the girlfriend is the client is not an ethical violation. Like all other cases, it is only if there are other specific facts or circumstances that impact on the integrity of the relationship that there is a potential ethical...
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