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How to Change Your Name – For Transgender and Non-Binary People

September 18, 2020 by David Betz

By legally changing your name, you will no longer be required to use your “dead name” when signing contracts or other legal documents.

There are many reasons why a person may need or want to change their name. For some, it is to return to their maiden name after a divorce, or perhaps to take the name of a beloved stepparent. However, there is one demographic that seeks a name change for affirmation.

Non-gender conforming individuals, such as transgender or non-binary, may find that they wish to find a name that fits their identity. The good news is, you do not need a petition for a name change to take on a new name. However, many find that the repeated necessity of their “dead name” for bank accounts, job applications, lease agreements, or loans brings with it a burden. This can feel like a chain dragging them backward after so much hard work to be true to themselves. This is where a legal name change may be helpful.

Benefits of Legally Changing Your Name

By legally changing your name, you will no longer be required to use your “dead name” when signing contracts or other legal documents. Bank accounts will now reflect the name your identity conforms with, not what was assigned to you at birth. While it may seem like a small step, this can have an incredibly positive impact on your day-to-day life.

How to Legally Change Your Name

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. These include:

The petitioner’s current name and the name they would like to have it changed to
Why the name change is necessary
Proof of residency
The petitioner’s date and place of birth along with the name of both parents, including their mother’s maiden name
The name of the spouse of the petitioner if married, plus any children. Also, the ages and residence of the children will be required
If this is a second name change, the name of the court which allowed the first, the place, and the date
Any liens pending against the petitioner or court orders involving money, the case number, and the name of the court in which the action is pending in
Proof that the legal name change will not harm any other person or persons

Contact The Betz Law Firm

If you are a non-binary or transgender individual and want to have your name reflect your identity, contact The Betz Law Firm today for your free 30-minute consultation. Our staff will help you with this important step along your path to gender affirmation.

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 18, 2020 @ 1:03 pm

What Does Uncontested Child Custody Mean?

September 2, 2020 by David Betz

With an uncontested divorce, all aspects of the divorce must be uncontested; this includes child custody.

When two people move forward with an uncontested divorce, they significantly reduce their emotional strain and financial burden. In addition, these move much more quickly and smoothly than typical divorce proceedings. However, if you are considering pursuing an uncontested divorce, you may have questions on how child custody will be handled.

Meaning of Uncontested Child Custody

When a couple decides on an uncontested divorce, it means that they agree on every matter and this includes child custody. Some of the main child custody matters include:

Legal custody – who makes important decisions for the child
Physical custody – where the child will live
Shared custody schedule
Visitation rights
Child support payments

If a couple entirely agrees on all of these matters, they can move forward with an uncontested divorce. If a couple cannot agree on child custody matters or any other issue, then an uncontested divorce is not possible. The couple could pursue arbitration or mediation to settle any differences, rather than going to court. Otherwise, the couple would be required to take their case to a judge.

Other Filings Are Required

Filing an uncontested divorce is always easier than dragging it through a divorce court. But when children are involved, it does take a little more time and work. There is additional paperwork when submitting for an uncontested divorce. This is to ensure that all matters concerning child custody and child support are handled appropriately.

You will be required to outline all of the details relating to the children’s living situation, and will likely need to provide your complete parenting plan in writing. You will also be required to calculate an agreeable amount for child support from the non-custodial parent. These additional filings need to be appropriately handled and filled out completely. Therefore, you will need help from your attorney to complete them, or at least review them before submitting it to the judge.

Benefits of Uncontested Child Custody

It is not just the parents who benefit from an uncontested divorce. It is far better for the children if their parents can handle and negotiate matters about their divorce maturely and calmly. During a divorce, children often feel as if they are trapped in the middle of an ongoing battle. When parents don’t fight, children don’t feel like they are picking sides, and a strong and healthy relationship with both parents can be maintained.

Uncontested Child Custody Lawyer

No matter how well you and your spouse agree on issues, it is still essential that you work with a lawyer when filing and negotiating your uncontested divorce. An experienced divorced attorney will ensure that your rights are protected and that all matters are appropriately handled.

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 18, 2020 @ 2:03 pm

After a Divorce: New Beginnings and New Problems

August 24, 2020 by David Betz

The court evaluates each case and must decide if the change in circumstance is long-term or likely to resolve itself.

We plan for life, we make a road map, and we walk that path hoping for a smooth journey. However, as the old adage goes, “Man plans, and God laughs.” Despite all your best efforts, sometimes life takes us on a detour that adversely affects our best efforts.

What was once a reasonable divorce settlement may now be untenable? What to do? An excellent first step is to contact your St. Louis family law attorney. They can review your case and tailor-fit their advice to your unique circumstances. One possible solution is to seek a modification of the judgment. This will recognize the change in your circumstances and reevaluate your previous agreement.

Modification of Judgment

The most common reason to seek a modification of judgment is the long-term loss of income. The court makes two distinctions to life changes to help determine if you can be granted a modified judgment. If you are simply inconvenienced by something that will resolve itself in the short-term, the courts will not grant a modified judgment. However, if they find that your circumstances are unlikely to change and have caused you to be unable to provide financially both for yourself and per your agreement, they may modify your judgment.

Modifications of judgment are not something taken lightly. The court evaluates each case and must decide if the change in circumstance is long-term or likely to resolve itself. However, maintenance and child support are not meant to be punishments. They are to ensure that all parties fulfill their obligations. If you cannot provide for yourself, you will be unable to provide for others as well. Likewise, this recognition that life changes occurred is not a release from your duties. You will still be required to make regular payments into maintenance or child support.

Contact The Betz Law Firm

Life can sometimes force us to take a road we would rather avoid. When this happens, it can throw our order into chaos. If you believe that you are facing a long-term change of circumstances, seek out your Missouri attorney and find out if a modification of judgment is right for you.

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 24, 2020 @ 2:41 pm

Who Gets the Wedding Rings After a Divorce?

August 17, 2020 by David Betz

If you are unaware of what protections are afforded to you, you could quickly sign away something valuable.

Before walking down the aisle, before all the planning, budgeting, rehearsals, sampling platters, picking colors, and the vast ocean of efforts that are now commonplace for marriage, there was the engagement ring—that first promise of forever. Unfortunately, forever sometimes is much shorter than we would hope.

Many fundamental issues take precedence during a divorce, but for some that engagement ring represents more than property, it becomes a symbol. This symbol can be positive or negative, but for either reason, there are times when one party wishes to be given back a gifted ring.

Determining Who Gets the Rings

This begs the question, “Who gets the ring?” Each state has a different opinion. Some take a conditional stance, concentrating on fault. Other states take on a no-fault position, much like their divorce proceedings at large, and base their judgment on case law.

In Missouri, an engagement ring is considered a pre-marital gift. As such, it does not fall under marital property and is recognized as the property of the receiving party. This is both a relief and a point of contention, depending on which side of the fence you sit. Either way, the courts in Missouri have divested themselves of this issue, and those worried their engagement ring may be up for grabs can breathe a sigh of relief.

Contact a St. Louis Divorce Attorney

This issue is rather straightforward, but you may have many more variables at play. Contact a trusted St. Louis family law attorney to know your rights. If you are unaware of what protections are afforded to you, you could quickly sign away something valuable. Be sure to consult with a Missouri attorney and protect what is essential in your life.

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 17, 2020 @ 3:59 pm

Why Pro Se Might Be Against Your Best Wishes

August 10, 2020 by David Betz

A judge is not likely to be lenient simply because you chose to represent yourself.

Everyone wants to save money. People shop around for cars, insurance, and loan rates. We even shop around for St. Louis family law attorneys. However, while the allure of saving money by representing yourself may seem attractive, it seriously hurt your case.

How Pro Se is Detrimental

Many people look at the expense of an attorney and think, “I know my case, my spouse and I are in agreement, why do I need a lawyer?” It seems valid; you have been living this narrative for years. However, what you have not experienced is dealing with the courts. Knowing how to file an appearance, or what paperwork is required can make all the difference. Likewise, while recognizing these components is critical, not knowing them is detrimental. A judge is not likely to be lenient simply because you chose to represent yourself (pro se).

Even supposing you do have a good grasp of not just the law, but also the procedure, how detached can you be from your case? Emotion and the law are a dangerous duo. While your conviction to your cause is understandable, can you step back and critically evaluate your own case?

A large part of being an attorney is knowing when to direct a client along the right path. Sometimes that means giving bad news or encouraging compromise. Compromise is a crucial factor in quickly and efficiently conducting a divorce case. Less compromise presents a longer and more expensive case. As well, knowing when to fight for something is also important. Your trusted St. Louis family law attorney will know when best to compromise and when to stick to your convictions. Doing so, however, requires a certain amount of detachment. This is why attorneys often hire counsel when facing their own cases.

Finally, you may not realize just how far your rights extend. If you are facing an attorney when representing yourself, you may lose out on time with children, pay higher maintenance to your spouse, or lose property. Essentially, while you may save money on the attorney fees, you may also lose more from the settlement agreement. An experienced Missouri lawyer will fight to protect your rights and property.

Your Divorce Attorney is on Your Side

An attorney is an expense, there is no getting around that fact. However, they are also your trusted counsel and an expert. They can walk you along the most favorable path during your divorce. A penny spent on your attorney may save you a pound later. If you are going through a divorce, consult with your trusted St. Louis family law attorney to discover your rights, and how to maintain the best interests of yourself and your children.

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 10, 2020 @ 3:51 pm

Tax Season – Who Claims the Kids?

August 4, 2020 by David Betz

The answer is the custodial parent but the definition of who is the custodial parent may vary between the courts and the IRS.

No one likes paying taxes, but it is just one of those facts of life. The only plus side to tax season is the tax return. So, who gets to claim the children when the tax man comes knocking? The answer is the custodial parent. However, the definition of who is the custodial parent may vary between the courts and the IRS.

Determining Who Claims the Kids

As stated above, defining who the IRS considers the custodial parent is critical. According to the Internal Revenue Code (IRC), the parent who has the child most of the year is the custodial parent. Even if the father is designated as the custodial parent by the courts, if the mother is the one the child lives with more days of the year, she is considered the custodial parent by the IRS.

Continuing with the above example, let us presume the father was given the right to claim the children on his taxes through his settlement agreement. How does he get around the IRS’ classification of the mother as the custodial parent? In this case, the mother must fill out IRC Form 8332 and give the father a written waiver to file for tax credits through the children. Though the court can place an order to compel the mother to file Form 8332, the IRS is not compelled to obey this order. This was purposely done to remove the IRS from civil matters.

Tax season comes every year. Ensure that your agreed-upon tax exemptions are protected. Contact your trusted Saint Louis family attorney if your spouse fails to file Form 8332 with the IRS. Through your Missouri lawyer, you can know what actions to take with the courts to be sure your settlement agreement is respected and maintained.

Contact Your St. Louis Family Law Attorney

At The Betz Law Firm, we are committed to guiding our clients through the court process with the same level of professionalism that we would wish for our family members. We are aware of the trust our client’s place in us with the future of their family, and we strive daily to earn it. Feel free to contact our law firm to discuss your case today.

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 10, 2020 @ 3:12 pm