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Ask RayAnswers Your Own Question
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 37037
Experience:  30 years as a family law lawyer .
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My question is this: my wife just up and left. i came home

Customer Question

my question is this : my wife just up and left . i came home and she was gone . she sent the kids to the store and left while they were gone . i received my divorce papers tuesday . there was no abuse , infidelity , or domestic violence . we were in the middle of building a house in which the builder just released us from the contract but we lost 25,000.00 in earnest money . am i able to sue her for breach of contract for my half of the money ?
2. i am sending my kids to counseling , although they are not her biological kids , she has been in there life since they were 4 and 5 years old and they are now 16 and 17 years old . she has been the only mother that they really know , is this a form of neglect ?tydomonic
Submitted: 4 months ago.
Category: Family Law
Expert:  RayAnswers replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.

You can seek half the lost funds in a divorce settlement--her marital share.If she caused the breach thats an equity argument to make to the divorce judge here and a valid one.

If these aren't her bio kids she has no legal responsibility to them.I know this hurt them but the law here is that they aren't her kids unless she adopted them.

Missouri has limited “no fault” divorce, making it unnecessary to prove cruelty, adultery, etc, to obtain a dissolution. The usual ground is irreconcilable differences with your spouse.

Marital” property is all property acquired by either spouse during the marriage. Missouri law assumes that all property is marital unless a spouse can prove that something is non-marital. This rule applies to both real and personal property.

For the most part, it doesn't matter whether title is in one spouse's name or both; the law assumes that an asset belongs equally to both spouses if it was acquired after the date the couple married.

Missouri is an equitable distribution state. Equitable division means that a court will split the property between spouses in an equitable (fair) way. The division does not have to be equal to be fair.Again the lost money here might be an equity argument that you be repaid say your share of lost funds.The divorce judge has the final say on that.

I appreciate the chance to help you , I know this is extremely hard on you.I hope you and your family are able to move forward, the counseling here is a great idea.