Legal Question in Family Law in Missouri

My husband and I are not legally separated. My husband has been unfaithful with 3 individuals, even though he declares he never followed through and chickened out each time. He has a history os extra-marital affairs. He lives in MO, and I am currently residing in NE. We have not legally separated so that he can keep me on his insurance. What kind of support am I entitled to right now? Also, he received a large settlement from a work comp claim shortly after I left (it was a mutual decision to leave, but he admitted that he was trying to make me miserable to force me to make the desicision to leave). Am I entitled to any of that money? He made sure to spend all of it as fast as possible. He hides money by transferring it from the joint checking account into another account which he opened when he started his marital infidelities so that I could not monitor his spending. How does this all factor in? How much of our tax refund am I entitled to since we are filing jointly? Do I have to file for a divorce in MO or can I file in NE when I am ready?


Asked on 1/14/12, 12:41 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

How long have you been in Nebraska? To file a Petition for Dissolution of Marriage in Missouri, you must reside in Missouri for the ninety days immediately preceding the filing. How long have you been married? Was your husband the primary bread winner during the marriage? There are many factors that effect the issue of maintenance (what used to be known as alimony, or in some states as spousal support). You may need to consult with an attorney where you are located. But, if you do return to Missouri for the requried period of time, it may be easier for your Missouri attorney to chase down any assets that your husband has tried to hide. In Missouri, you would normally be entitled to one-half of the income tax refund, and that's probably true in Nebraska as well. But the Nebraska courts may not have any jurisdiction over your husband. Consult with an attorney to determine your best course of action.

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Answered on 1/14/12, 3:15 pm


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