section 452.330.1 account the factors enumerated (Missouri) · Go Syfert
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section 452.330.1 account the factors enumerated in Missouri

32 Missouri opinions name it 1 courts 1977–2017 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (19)

CaseFollowedCited
Mistler v. Mistlergreen
moctapp · 1991 · cited in 7 Missouri opinions naming this issue, 1992–2000
2 sentences

2000Id. at 951 [9], A trial court’s division of marital property must be fair and equitable and take into account the factors enumerated in § 452.330.1. 8 Mistier, 816 S.W.2d at 252 [8].

1999Mistler, 816 S.W.2d at 252 [8].

77
Carter v. Cartergreen
moctapp · 1997 · cited in 3 Missouri opinions naming this issue, 1998–2000
2 sentences

2000Carter v. Carter, 940 S.W.2d 12,16 (Mo.App.1997).

2000The circuit court’s obligation is to divide the marital property fairly according to the factors enumerated in § 452.330.1. 2 Carter v. Carter, 940 S.W.2d 12, 16 (Mo.App.1997).

33
McKee v. McKeegreen
moctapp · 1997 · cited in 3 Missouri opinions naming this issue, 1999–2000
2 sentences

2000Id. at 951 [9], A trial court’s division of marital property must be fair and equitable and take into account the factors enumerated in § 452.330.1. 8 Mistier, 816 S.W.2d at 252 [8].

1999McKee, 940 S.W.2d at 951 .

13
Nelson v. Nelsongreen
moctapp · 2000 · cited in 2 Missouri opinions naming this issue, 2001–2002
2 sentences

2002“Equal division of property is not required, but the division of property should be reasonable, taking into account the factors enumerated in section 452.330.1.” Myers, 47 S.W.3d at 407 ; see also In re Marriage of Pahlow, 39 S.W.3d 87, 91 (Mo.App.2001). " In dividing the marital property of Husband and Wife, the trial court must consider the following relevant factors: (1) The economic circumstances of each spouse at the time the division of the property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the sp

2001Nelson, 25 S.W.3d at 517 .

12
Floyd R. Finch v. Joann K. Finchgreen
moctapp · 2014 · cited in 1 Missouri opinions naming this issue, 2017–2017
1 sentence

2017Finch v. Finch, 442 S.W.3d 209, 215 (Mo. App. W.D. 2014).

11
Dardick v. Dardickgreen
mo · 1984 · cited in 1 Missouri opinions naming this issue, 2017–2017
1 sentence

2017Dardick v. Dardick, 670 S.W.2d 865, 869 (Mo. banc 1984).

11
In Re Marriage of Fuldnergreen
moctapp · 2001 · cited in 1 Missouri opinions naming this issue, 2005–2005
1 sentence

2005In re Fuldner, 41 S.W.3d 581, 594 (Mo.App.2001).

11
In Re Marriage of Holdengreen
moctapp · 2002 · cited in 1 Missouri opinions naming this issue, 2003–2003
1 sentence

2003The trial court abuses its discretion only when its ruling is “clearly against the logic of the circumstances and is so arbitrary and unreasonable as to shock one’s sense of justice and indicate a lack of careful consideration.” In re Marriage of Holden 81 S.W.3d 217, 225 (Mo.App.2002).

11
In Re Marriage of Gilmoregreen
moctapp · 1997 · cited in 1 Missouri opinions naming this issue, 2002–2002
1 sentence

2002In re Marriage of Gilmore, 943 S.W.2d 866, 876-77 (Mo.App.

11
In Re Marriage of Pahlowgreen
moctapp · 2001 · cited in 1 Missouri opinions naming this issue, 2002–2002
1 sentence

2002“Equal division of property is not required, but the division of property should be reasonable, taking into account the factors enumerated in section 452.330.1.” Myers, 47 S.W.3d at 407 ; see also In re Marriage of Pahlow, 39 S.W.3d 87, 91 (Mo.App.2001). " In dividing the marital property of Husband and Wife, the trial court must consider the following relevant factors: (1) The economic circumstances of each spouse at the time the division of the property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the sp

11
Kinsey-Geujen v. Geujengreen
moctapp · 1999 · cited in 1 Missouri opinions naming this issue, 2001–2001
1 sentence

2001As stated in Kinsey-Geujen v. Geujen, 984 S.W.2d 577, 581 (Mo.App.1999): “Equal division of marital property is not the benchmark of a proper division of property!;]” rather, fairness is.

11
Ware v. Waregreen
moctapp · 1983 · cited in 1 Missouri opinions naming this issue, 1999–1999
1 sentence

1999Ware v. Ware, 647 S.W.2d 582, 584 (Mo.App.1983).

11
Crews v. Crewsgreen
moctapp · 1997 · cited in 1 Missouri opinions naming this issue, 1998–1998
1 sentence

1998Crews v. Crews, 949 S.W.2d 659, 665 (Mo.App.

11
In Re Marriage of Jenningsgreen
moctapp · 1995 · cited in 1 Missouri opinions naming this issue, 1998–1998
1 sentence

1998Id; In re Marriage of Jennings, 910 S.W.2d 760, 765 (Mo.App.1995).

11
Cofer v. Price-Cofergreen
moctapp · 1992 · cited in 1 Missouri opinions naming this issue, 1994–1994
1 sentence

1994Cofer v. Price-Cofer, 825 S.W.2d 369, 374 [4] (Mo. App.S.D.1992); Mistler v. Mistler, 816 S.W.2d 241, 252 [8] (Mo.App.S.D.1991).

11
Harrison v. Cartergreen
moctapp · 1983 · cited in 1 Missouri opinions naming this issue, 1991–1991
1 sentence

1991In re Marriage of Harrison, 657 S.W.2d 366, 370 (Mo.App.1983).

11
Hayes v. Hayesgreen
moctapp · 1990 · cited in 1 Missouri opinions naming this issue, 1991–1991
1 sentence

1991Hayes v. Hayes, 792 S.W.2d 428, 431 (Mo.App.1990).

11
McDonough v. McDonoughgreen
moctapp · 1988 · cited in 1 Missouri opinions naming this issue, 1991–1991
1 sentence

1991Under § 452.330, the conduct of the parties during the marriage is enumerated under § 452.330 as a factor for a court to consider in the division of marital property, and a “disparity in the value of marital property awarded to each spouse is justified if any of the relevant factors of Section 452.330.1 justify an unequal distribution.” McDonough v. McDonough, 762 S.W.2d 827, 830 (Mo.App.1988).

11
Marriage of Cain v. Caingreen
moctapp · 1976 · cited in 1 Missouri opinions naming this issue, 1977–1977
1 sentence

1977Cain v. Cain, 536 S.W.2d 866, 874 (Mo.App.1976).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Hampton v. Davenport green
moctapp · 2002
1 sentence

2004Here, as in Hampton v. Davenport, 86 S.W.3d 494 (Mo.App.2002), Rule 84.04(d)(1) applies to what is required for husband’s points relied on.

12004–2004
Marriage of Kirkwood v. Kirkwood green
moctapp · 2002
1 sentence

2003The resulting division of marital property need not be equal, although it must be equitable after taking into account the factors enumerated in section 452.330.1 and any other relevant factors. 1 Kirkwood 77 S.W.3d at 680 .

12003–2003
Kester v. Kester green
moctapp · 2003
1 sentence

2003Kester, 108 S.W.3d at 224 .

12003–2003
Shepard v. Shepard green
moctapp · 2001
2 sentences

2002“However, the trial court may attach the amount of weight to each of these it deems appropriate, and these factors are not exclusive.” Shepard, 47 S.W.3d at 417 .

2002“Equal division of property is not required, but the division of property should be reasonable, taking into account the factors enumerated in section 452.330.1.” Myers, 47 S.W.3d at 407 ; see also In re Marriage of Pahlow, 39 S.W.3d 87, 91 (Mo.App.2001). " In dividing the marital property of Husband and Wife, the trial court must consider the following relevant factors: (1) The economic circumstances of each spouse at the time the division of the property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the sp

12002–2002
Myers v. Myers green
moctapp · 2001
1 sentence

2002“Equal division of property is not required, but the division of property should be reasonable, taking into account the factors enumerated in section 452.330.1.” Myers, 47 S.W.3d at 407 ; see also In re Marriage of Pahlow, 39 S.W.3d 87, 91 (Mo.App.2001). " In dividing the marital property of Husband and Wife, the trial court must consider the following relevant factors: (1) The economic circumstances of each spouse at the time the division of the property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the sp

12002–2002
In Re the Marriage of Petersen green
moctapp · 2000
1 sentence

2001Petersen, 22 S.W.3d at 763 .

12001–2001
Ray v. Ray green
moctapp · 1994
1 sentence

1997Ray v. Ray, 877 S.W.2d 648 (Mo.App.1994).

11997–1997
In re the Marriage of Dildy green
moctapp · 1987
1 sentence

1988In re Marriage of Dildy, 737 S.W.2d 756 (Mo.App. 1987).

11988–1988

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 452.330 (16) MO § Mo. Rev. Stat. § 452.335 (7) MO § Mo. Rev. Stat. § 452.340 (5) MO § Mo. Rev. Stat. § 452.300 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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