Dissolution Discovery. By the Law offices of Wm. D. Piedimonte Piedimonte and Associates, P.C. 317 W. Kansas Independence, MO 64050 (816)836-8900. Overview.
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Law offices of
Wm. D. Piedimonte
Piedimonte and Associates, P.C.
317 W. Kansas
Independence, MO 64050
Generally speaking, the Court is going to divide the property “equitably.” This does not necessarily mean exactly “equal” but as a practical matter, each side is going to be entitled to approximately ½ of the property. There are exceptions to this rule and your attorney will help you with how to handle those situations.
An exception would be if you personally received a gift even if it was from your spouse. That would be a non-marital piece of property. Example- your wedding ring.
Property you had before the marriage is, generally, non-marital property.
If you got an inheritance and deposited into a joint bank account, that could turn the property into a marital asset. In those kind of situations, your attorney needs to know how the property was acquired and how it got into the joint account. Be sure to discuss any situations that you are unsure how to designate whether your property is marital or non-marital, with your attorney.
There may be changes along the way as to who you would like to have the property and changing values. What you are trying to do by completing the form, is to give your attorney enough information to know where there may be problems and in the end to help you determine what is a “fair” division of the marital estate.
You are asked to list:
you can obtain the fair market value from your banker, buy a book at the bookstore like Kelly Blue Book, look in the newspaper or go to used care values on the internet like: www.kbb.com
This is the payoff. You may need to contact your bank or finance company where you pay your car payment to get the “payoff” figure.
This is the difference between the Fair Market Value minus the Amount owed (FMV-Amount owed = Equity)
You are asked to list all your
If someone owes either you or your spouse money, list it here. Put in the name and address of the person and if the debt is not yet owed but will be owed in the future, put in the date it will be do. The amount owed will generally be put under “fair market value” However, if the debt is uncollectible, you might be listing it as “fair market value” $0.
Put in all the information called for in the first column. Your attorney will assist you in valuation after discussing this item with you. The value of a lawsuit is not what your asking to collect. Additionally, there are certain laws that impact how to figure “martial” values in the case of workers compensation claims, or other types of claims.
Please be as accurate as possible on the debts that you owe. Fill out all information requested.