Granting A Divorce While The Marital Home Is For Sale

Question:

My wife left me several years and filed for divorce, a case that is still dragging on.

She says the divorce cannot be finalized until our marital home is sold, an increasingly unlikely proposition in this economy.

Why can’t the divorce be granted and we deal with the sale of the marital home later?

Answer:

I am unable to give you legal advice on divorce.  I can only give general divorce help for men, though, my knowledge is based on Missouri divorce laws where I am temporarily permitted to practice.

Generally, in certain circumstances, a court can require that the parties make all reasonable efforts to sell the marital home before a divorce decree can be entered.

For instance, in Missouri where I practice, a court can require that a house be listed for sale before a divorce is finalized in the event that it will likely go into foreclosure or if the parties make an affirmative decision to do so.

Such a determination is often made before trial in order to assist the parties in reaching a resolution regarding the disposition of their marital home – which is often the most valuable asset in a divorce case – especially since many parties cannot resolve this issue without judicial involvement. This way, the matter is resolved and does not need to be litigated, which alternatively could waste judicial time, money and effort.

Additionally, the court, for a number of reasons, may also decide that selling the marital home is in the best interests of both parties in order to avoid further issues that can arise after the divorce is finalized.

For instance, the court may anticipate that financial issues between the parties may surface post-divorce and wish to resolve this matter by encouraging the sale of the home in order to avoid such problems down the road.

It’s possible in your case that the court feels that it is best for the parties to sell the marital home before the final divorce decree is entered for any of the reasons I have stated above.

Remember, I am unable to provide you with anything more than divorce tips for men. Consult with a local divorce lawyer for specific legal advice on divorce.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Jennifer de Lyon Stralka, an associate attorney in the St. Louis office, contact Cordell & Cordell Law Firm.