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Emancipation 101: Six Most Asked Questions About Minor Emancipation

October 6, 2021 by David Betz

Our family law attorneys at The Betz Law Firm can help you file an emancipation petition and build a strong case.

At what age is someone officially considered an independent adult in Missouri? If you ask Missourians this question, most of them will likely say 18 years of age. But did you know Missouri minors don’t have to wait until they turn 18 to be legally recognized as an independent adult? That’s right; a Missouri minor can be declared an adult through emancipation.

In this article, we’ll take a closer look at what emancipation is in more detail. And answer some frequently asked questions about emancipation.

What is Emancipation of Minors?

By definition, emancipation is nothing more than a process of freeing minors from the control and care of their guardians or parents. Emancipation gives a minor of 16 to 17 years the legal privileges of an adult. The teenager also becomes entirely in charge of their own affairs.

What Are the Requirements for Emancipation?

There are specific requirements that must be met before judicial emancipation is granted. For starters, the minor must be at least 16 years old and a Missouri resident. Secondly, the minor must prove they can financially sustain themselves while living separately from their parents.
When determining whether a minor is financially independent, the court may ask the minor to provide work records, bank statements, or a lease letter from their landlord.

What Are the Rights of an Emancipated Minor?

An emancipated minor gets the freedom to do what other kids their age can’t. These include:

Living on their own
Entering into legally binding contracts
Getting married
Keeping their hard-earned cash
Conducting business
Suing or being sued

Do Emancipated Minors Have Limitations?

The law precludes emancipated minors from undertaking specific activities until they attain the age of majority. This includes:

Buying alcohol or cigarettes
Voting
Purchasing a firearm
Dropping out of school before completing at least 16 credits

How Can You Initiate the Emancipation Process?

You can initiate the process by filing an emancipation petition with the family division court. The court will then set a hearing within 30 days and send you and your parent or guardian a notice to appear for the emancipation hearing.

What Happens During the Emancipation Hearing?

During the hearing, the judge will allow you and your parent or guardian to be heard. If your parents or guardians object to your emancipation, they’ll be required to prove you are not capable of living alone and demonstrate how living under their care is in your best interest.

If your attorney convinces the judge to side with you, you’ll be issued a declaration of emancipation—which you’ll use to prove you’re a legal adult.

Can Emancipation Agreement Be Modified?

Yes, the judge may modify an emancipation agreement if they are convinced it’s in the minor’s best interest.

Don’t Go it Alone!

The emancipation process sounds simple in theory, but, in reality, it’s a time-consuming and confusing process. Emancipation laws are also complicated. You will need a family attorney to navigate the intricacies of emancipation and convince the court your case has merit.

Are you a minor aged 16 or 17 and want to be emancipated? Our family law attorneys at The Betz Law Firm can help you file an emancipation petition and build a strong case. Contact us today for a free initial consultation.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Oct 6, 2021 @ 4:11 pm

Are There Consequences to Legally Changing Your Name?

September 29, 2021 by David Betz

The legal process can be more complicated than you think, and it is essential to change your name correctly to ensure the government recognizes your new official identity.

There are various reasons for a person to want or need to change their name: post-divorce name change, new surname, transgender changes, or want a new identity. However, whatever your reason, there are a few things you should be aware of before legally changing your name. Here are a few things to consider.

Consequences to Changing Your Name

The first thing to consider is that legally changing your name isn’t free. You will be required to pay for the cost of the name change petition. Fees are different depending on the county where you file.

There can be professional consequences that can be problematic. For instance, all of your bank accounts and credit cards will need to be updated, as well as your driver’s license and passport, which means you’ll have a lot of paperwork to fill out. Once the name change has taken place legally, you may not be able to use any of your former documents.

Another factor to consider, a name change can have an impact on your taxes. The names on your tax return much match Social Security Administration records. According to the IRS, a mismatch in your name can delay your tax refund.

In St. Louis, family law judges take name changes very seriously. They will not allow individuals to change their name to one that is not proper or detrimental to another party. They also reserve the right to ask for supporting evidence to the contrary if they feel that a name change is being requested in an attempt to defraud another person, avoid legal judgments or actions, or avoid having to repay a debt or other obligation.

The legal process can be more complicated than you think, and it is essential to change your name correctly to ensure the government recognizes your new official identity.

The Name Change Process

Several requirements need to be completed before a person can petition to have their name changed. As part of the petition, specific requirements must be included to be taken into consideration.

Fortunately, you do not have to go through the process alone, nor do you have to figure out all of the legal technicalities without help. The Betz Law Firm is here to assist you with your petition to ensure there are no unforeseen hurdles during the process.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Sep 29, 2021 @ 8:29 pm

What Not to Do During a Divorce

September 17, 2021 by David Betz

Regardless of the weight of emotion, pressure, or what’s at stake, here are a few of the things you should never do during a divorce.

Most divorces are messy and complicated. You may feel stressed and emotionally exhausted, but that is not a reason to throw caution to the wind. The things you do and don’t do during your divorce will play a role in determining what route your divorce will take.

Regardless of the weight of emotion, pressure, or what’s at stake, here are a few of the things you should never do during a divorce.

Don’t Expect to Walk Away With Everything – It’s a good idea to enter every divorce battle with an open mind. Avoid being overly optimistic because there’s no way you’ll walk out of the divorce with everything. Instead, set realistic expectations and liaise with your attorney to determine what assets you should put your focus on.
Don’t Try to Hide Assets or Money – When the divorce isn’t going as you planned, don’t be tempted to hide any assets or money. Ten times out of ten, this will come back and bite you. Avoid moving assets in your name to other people and transferring cash to offshore accounts. If found out, it could ruin your divorce case and hurt your credibility.
Don’t Put Your Business on Social Media – Everyone puts everything on social media in today’s world. However, anything to do with your divorce should never grace your social media feed. Saying the wrong thing on social media could disrupt and hurt the divorce proceedings, so don’t post anything until the divorce is concluded. A seemingly harmless Facebook or Twitter post could be incredibly detrimental to your case.
Don’t Fight Over Everything – Fighting over everything is never a good idea unless you want the divorce to drag on for ages. You may not be on the best terms with your ex-spouse, but it’s wise to let some things go. A better approach is to pick your battles wisely and focus on things that matter. If you can work something out through negotiation, the better it’ll be for your divorce. If the two of you aren’t on talking terms, you can let your attorneys handle the negotiation on your behalf.
Don’t Be Financially Imprudent – It’s easy to spend frivolously when bogged down with emotions. But ensure you spend wisely. Life during and after divorce can be challenging, and failing to budget appropriately could end in tears. You can hire an expert to help with your finances if you think you need help.
Don’t Go Without an Attorney – The worst mistake you could make during your divorce is failing to hire an experienced attorney. It might save you a few bucks, but you may lose the entire case. No matter how good your evidence is, not hiring an attorney will significantly reduce your chances of winning. Always leave legal affairs to the experts.

Take Extra Caution

Any divorce case is like walking on thin ice; ensure you tread softly and watch every step. Most importantly, prioritize hiring a skilled and reputable lawyer to represent you throughout the entire divorce. Contact The Betz Law Firm today for legal representation.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Sep 17, 2021 @ 4:36 pm

Does Domestic Violence Affect Child Custody?

September 13, 2021 by David Betz

If one parent has a history of domestic violence or shows signs of domestic violence, those issues can influence the judge’s decision when granting access to the child.

When determining child custody, the court premises its decision in the child’s best interest. Domestic violence is a serious issue that affects a child’s quality of life. Therefore, if one parent has a history of domestic violence or shows signs of domestic violence, those issues can influence the judge’s decision when granting access to the child.

How Does the Court Rule a Child Custody Case Where There Are Allegations of Domestic Violence?

Generally, the courts carefully investigate any allegations of domestic violence before making a child custody determination. To establish this, the court considers the following factors:

There’s evidence that domestic violence harmed the child
The perpetrator is still a danger to the other spouse and child
There’s physical, mostly pictorial evidence of harm inflicted on the assaulted partner by the spouse
There are police reports that a spouse physically abused their partner
There’s a proven frequency and extent of violence. The court will use this to determine whether the behavior is likely to be repeated in the future.

If the above factors are determined, the violent parent can lose their parental rights and child custody. In such a case, the violent parent ceases to be the legal guardian to a child. They also lose other rights they had on the child, such as talking or visiting them.

Child Visitation and Domestic Violence

After a successful custody case, the court may still grant your spouse visitation rights —only if it is in the child’s best interest.

However, the court must consider the possibility of more violence during visitation. If there’s even a slight chance of violence ensuing during the visitation, the court may only allow supervised visits. In such a case, your spouse will never be left alone with the child, and there must always be another person to oversee the visitation.

When Does Placement Away from the Parent Occur?

The court may find it unsafe and unfit for the child to continue living with a parent in some cases. In such a situation, the child will be placed with a trusted friend or a relative until the final decision is made.

Are You in the Middle of a Child Custody Battle?

It’s always a good idea to lawyer up when in a divorce proceeding involving custody and child access conflict. Familial and domestic laws are complex and, without a legal background, you’re not going to understand most of them. However, an experienced family law attorney deals with family statutes regularly and is familiar with how they work and how to use them to protect your interests.

They will help you understand the legalities of custody, visitation schedule proceedings and ensure you do things right. They will also provide you with advice and tips to help you find quick and favorable solutions for your parenting disagreements.

Allow Betz Law Firm to Work on Your Child Custody Case

Are you facing a custody battle or seeking to modify a visitation order or parenting plan? Talk to our experienced family law attorneys. Our attorneys will help you build a strong case, handle all the paperwork, and protect your parental rights. Contact us to schedule an appointment.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Sep 17, 2021 @ 4:01 pm

Common Myths About Divorce in St. Louis

September 6, 2021 by David Betz

Below we cover a few of the most popular myths about divorce and the truth about each of them.

Are you planning to file for divorce in St. Louis? If so, then you’ll want to familiarize yourself with the divorce process. An excellent place to start is with the countless myths and stereotypes around divorce. The sooner you understand the truth about the divorce process, the easier your divorce will be. Below we’ll cover a few of the most popular myths about divorce and the truth about each of them.

Divorces Are Always Contentious

It is no secret that a high number of divorce cases are contested. However, this does not mean every divorce must be contentious. If you agree on child custody, division of property, and alimony, your divorce will be uncontested. This will save both of you money and time. But remember: even if you and your ex agree, it is always advisable to ensure you hire a family lawyer. The lawyer will go through your agreement to provide everything you agreed upon is included, and your interests and rights are protected.

Custody Is Always Awarded to the Mother

This myth has been known to cause a lot of heated arguments. If you think the mother will always get custody of the children, think again. In Missouri, the gender of the parent is not one of the factors used to determine custody. Both parents have equal rights.

However, the court will have to consider the parent who is most capable of taking care of the child. Custody matters can be complicated and overwhelming – you’ll need to hire a competent family attorney to help you convince the court you’re the better parent.

If You Are At-Fault, You Will Lose Everything

Missouri is a no-fault divorce state. So do not fall for this lie. Adultery might ruin your marriage, but it won’t affect the court ruling. However, in cases where adultery affects your parental capabilities or affects your finances, it may come into play during property division and child custody ruling.

Divorce Must Involve a Court Trial

You have to get your divorce agreement signed by the court, but this does not mean a judge must do the settlement. Only 5% of divorces are settled in court. This means that 95% of divorces are settled using other methods: mediation, arbitration, etc.

The Husband Has to Support the Ex-Wife After the Divorce

This is not true. The court does not make rulings on alimony based on gender. The court will consider the chances of finding stable employment, current income, marital residence, and distribution of assets before making a ruling.

The Betz Law Firm Is Here For You

If you want to file for divorce, having a divorce attorney will give you a higher chance of getting a better outcome. Do not go through this nerve-wracking process alone. At The Betz law firm, we have knowledgeable divorce attorneys with a proven record of excelling in divorce cases. Contact us for more information.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Sep 17, 2021 @ 2:54 pm

FAQs About Missouri’s No-Fault Divorce System

August 25, 2021 by David Betz

Filing for divorce isn’t as easy as most people think. Even though Missouri is a no-fault state, the divorce process can still be complicated and overwhelming.

You’ve probably heard that Missouri follows a no-fault divorce system. But what does this exactly mean? This article will help you understand how the system works by answering some FAQs about Missouri’s no-fault divorce system.

Is Missouri a “TRUE” No-Fault Divorce State?

Yes, Missouri is a ‘true’ no-fault divorce state, meaning the spouse or domestic partner seeking dissolution of a marriage doesn’t have to prove that the other spouse committed any form of wrongdoing for the court to grant divorce proceedings. That’s right; no evidence is needed. All the spouse needs is a reason recognized by the state.

It also means that the spouse wishing to file for divorce doesn’t have to wait out a particular period before initiating divorce.

What Reasons Are Recognized by the State?

While there may be some exceptions, any reason that proves irreconcilable differences with your spouse is enough to obtain marriage dissolution in Missouri. However, to be sure, the court requires you to answer the following questions.

Is there any possibility that you can preserve your marriage through reconciliation or negotiation?
Are you positive that your marriage is completely broken?

If both spouses agree that the marriage is irretrievably broken, the court can give the divorce proceedings the green light. But what happens when one of the spouses disagrees that the marriage is broken?

What If Your Spouse Disagrees That the Marriage Is Broken?

There’s always the possibility that the non-divorcing spouse may avow that there’s still a chance to redeem the marriage. This is a complicated situation for the courts, but there’s a way around it. In such cases, the court will have to critically analyze the factors that led to the divorce to determine if the marriage is irretrievably broken.

The judge will grant a divorce by default if strong evidence shows at least one of the following facts is true. (Mo. Rev. Stat. § 452.320):

That your spouse committed adultery.
That you and your spouse have been living separately for at least two years before the divorce was filed.
That your spouse behaves in a way that makes it difficult for you to live with them.
That you and your spouse had agreed to separate and have done so for twelve continuous months.

What Qualifies As Marital Property in Missouri?

Under Missouri laws, marital property refers to all properties/assets acquired by either or both parties during the marriage, except the following:

Assets or properties acquired after legal separation
Assets and properties excluded by a prenup or any other valid written agreement
Assets or properties acquired by descent or gift

Filing for Divorce? The Betz Law Firm Is Here to Help!

Filing for divorce isn’t as easy as most people think. Even though Missouri is a no-fault state, the divorce process is still as complicated and overwhelming as any other state. You’ll need the help of a divorce attorney to walk you through the process as well as protect your rights and interests.

Contact The Betz Law Firm today. Our St. Louis divorce lawyers are committed to guiding our clients and their families through the divorce process with the least amount of emotional trauma and turmoil as possible. This is done while holding the interests and future of the family as a top priority.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Aug 27, 2021 @ 3:50 pm