Get MO CAFC040 2009-2024

Missouri case precedent articulates that marital debt is debt incurred during the marriage or in contemplation of the marriage. The fact that one spouse is not responsible for the debt does not prevent its allocation to that spouse.

Nine states split marital property 50-50 during a divorce. Missouri is an equitable distribution state and not a 50-50 state.

The states that follow community property rules are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

If your spouse owns a credit card that is solely in their name, you are not liable for their debt. But creditors do have recourse to your spouse's share in any assets that you own jointly with them. And if you are a joint account holder on a credit card, both of you will be liable.

In other states, such as Missouri, the courts divide martial debt equitably, so spouses are generally only responsible for the debt they incurred. If the debt was incurred on a joint credit card or loan, then both spouses would split that debt in divorce.

Since California is a community property state, the law applies that the community estate shared between both individuals is liable for a debt incurred by either spouse during the marriage. All community property shared equally between husband and wife can be held liable for repaying the debts of one spouse.

How Long Do You Have to Be Separated to Get a Divorce in Missouri? There are no official separation requirements for divorcing couples in Missouri. They must, however, undergo a 30-day wait period after filing for divorce. The couple must live apart from each other during this wait period.

Missouri is a no-fault state. It is not necessary to show that either one of the parties was at fault. The statutory basis for a divorce in Missouri is that there is no reasonable likelihood that the marriage can be preserved and, therefore, the marriage is irretrievably broken.