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How Can I Legally Change My Name – Could My Name Change Be Denied?

January 12, 2022 by David Betz

Allow our team of professional name change attorneys to assist you with your petition to ensure that there are no unforeseen hurdles during the process.

There are many reasons why a person may want or need to change their name. If you are over 18 years old, you can petition for a name on your own. If you are a minor, the process is slightly different but still possible.

At The Betz Law Firm, we have handled every type of name change situation, from last name change after a divorce to a first name change for transgender and non-binary individuals. Our name change lawyer will help you overcome any hurdles and will likely help you avoid them altogether.

Petition for Name Change

Individuals 18 and older seeking to change their name may do so by filing a Petition for Change of Name. The petition must include important facts required by law for a name change to be granted. In general, the petition needs to describe who you are, where you live, why you’re seeking the change, and whether or not the petition is being made in good faith and without intent to defraud debt collectors or for criminal purposes.

When the name change is not due to getting married or divorced, the individual must submit the petition to the circuit court of the county they live in and follow the following steps:

Notarize the petition
Gather the required documentation
File the petition with the circuit court
Pay the filing fee
Attend a possible hearing
Publish the name change

Last Name Change After Divorce

It is relatively easy for you to change your last name after divorce. All you need to do is include your name change in your petition for divorce. Once the divorce is finalized, you can use the certified copy of your divorce decree as proof of your name change.

If you decide to change your last name back to your maiden name once the divorce is finalized, you can easily do so. You would have to fill out a petition, and then a court must grant the request.

Name Change as a Minor

A minor can request a name change in St. Louis, but the petition will not be granted without both parents’ consent. If consent is not filed, proof must be shown that the parent or parents were notified of the petition and hearing through certified or registered mail.

Can Your Request Be Denied?

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.

Also, a 3rd party is allowed to object to a petition for a legal name change. If so, the court will be forced to explore the matter to ensure that the petition does not violate its guidelines.

St. Louis Name Change Lawyer

Changing your name is a multi-step process involving paperwork and court procedures. Allow our team of professional name change attorneys to assist you with your petition to ensure that 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

Jan 14, 2022 @ 5:12 pm

How Long Does a Divorce Take in Missouri?

January 6, 2022 by David Betz

Many factors determine the amount of time it takes to finalize your divorce, including whether it’s contested or uncontested.

When a person decides on divorce, they typically want to get it over and done. However, there isn’t a clear answer to how long a divorce takes in Missouri. Many factors determine the amount of time it takes to finalize your divorce, including whether it’s contested or uncontested.

Regardless of what type of divorce it is, The Betz Law Firm combines experience and expertise in delivering uncompromising legal advice and service to clients. We help ensure the best possible outcome.

Typically, a divorce is granted 30 days after all the paperwork has been filled and submitted in court in Missouri. However, the proceedings may drag due to one or more of the following issues:

The Divorce is Contested

The proceedings of a contested divorce are longer and often more expensive than an uncontested divorce.

In a contested divorce, you and your spouse may fail to mutually agree on child support or custody, alimony payments, and asset division which can make the case drag on for months, if not years. On the other hand, in an uncontested divorce, you and your spouse mutually agree on all the critical issues before filing for a divorce, which saves time.

Note: Even if your divorce is uncontested, hiring a divorce attorney is still a good idea. The attorney will protect your rights and ensure all relevant issues are captured in the final agreement.

Property Division

Generally, the more assets you and your spouse own, the longer it will take to divide them. Also, if you and your spouse can’t agree on how to divide your property, your case will go to court. Court procedures are usually lengthy and time-consuming.

Child Custody

If you and your spouse have children, your divorce might take a bit longer. This is because the court puts the welfare of the children first and will want to see that you and your spouse have worked out a plan that will be in the children’s best interest.

Sometimes, the judge can help you develop a parenting plan, including a visitation and holiday schedule, a child support agreement, and a medical care plan for the children.

Prenuptial Arrangements

A prenuptial agreement is a document detailing all the assets you and your spouse owned before marriage and how they will be divided should the marriage end. It also indicates what happens to all the assets you purchase with your spouse during your marriage.

A prenup protects any property or assets you bring into the marriage or acquire during the marriage. If there is a foolproof prenuptial agreement, the divorce process will be much faster because there will be little to contest.

The Court’s Caseload

The number of pending caseloads in the divorce court may also affect how long your divorce will take. If the divorce court has a considerable caseload, your divorce will take longer to be processed. In addition, your divorce may take longer if the judge is not available at all times.

Contact The Betz Law Firm

If you’re looking to file for divorce, The Betz Law Firm is here to help. We have helped many other clients with their complex divorce cases and can help you too. Contact us today 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

Jan 12, 2022 @ 7:47 pm

Dating While Divorcing: Is It a Good Idea?

December 23, 2021 by David Betz

Individuals have different opinions regarding the matter. While we cannot tell you what to do, we can suggest considering all the factors in your situation.

Going through a divorce is typically a physical and emotional process for the parties involved, whether the split is amicable or not. However, it is not unusual to find a divorcee in another relationship before finalizing the court proceedings. Perhaps you want a shoulder to lean on during this trying time, or you’re looking to get back at your spouse. Either way, the idea of dating while divorcing can have specific implications. Here are some of the ways dating during a divorce can affect the entire process.

Creates Unnecessary Conflict

Your soon-to-be ex-partner can feel aggrieved when they realize you’re in a relationship before your marriage is officially over. They can claim you engaged in extramarital affairs leading to the split, especially if you filed for the divorce. This can heighten the tension between you and hinder effective communication during the process. Your case may have to drag for months in court if you can’t agree on specific issues concerning the divorce.

May Limit your Settlement Options

Apart from kids’ custody, money, and property settlement, there are often contentious issues during a divorce. Dating while divorcing can limit the amount of money you receive as spousal support. It could also threaten your settlement options, especially if you expect to receive your alimony as a lump sum instead of monthly installments.

Most spouses don’t agree to pay lump sum alimony if their soon-to-be-ex is in a relationship. At best, they’ll send monthly spousal support until their ex decides to remarry, after which all support privileges end.

Can Affect Your Kids

Divorce is between two people, but the kids also suffer during the trial. The change from spending time with both parents to one can be psychologically and emotionally exhausting.

Therefore, bringing a new partner into the scene may only add stress to their lives as they try to navigate this new chapter. Your children may also grow estranged once they have difficulty accepting your new partner as a parent.

Distracts you from the Reality

There’s no doubt a divorce can be financially and emotionally challenging. It takes time to get over someone you’ve spent years together with, whether it was by mutual consent or not. After all, there was a time you were madly in love with each other.

While dating while divorcing can help ease the pain of a divorce, it can prevent you from healing. It can also impair your judgment, as you may make crucial decisions about your children’s future based on your present feelings rather than the welfare of all.

Is Dating While Divorcing Advisable?

Individuals have different opinions regarding the matter. While we cannot tell you what to do, we can suggest considering all the factors in your situation. Dating while divorcing may have consequences for everyone involved.

Contact The Betz Law Firm

Divorce can be a complex process, and you need to hire a skilled and reputable lawyer to guide you through the process and protect your rights and interests. 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

Dec 23, 2021 @ 3:26 pm

Tips to Help You Talk to Your Kids About Your Divorce

December 16, 2021 by David Betz

Divorcing parents need to prepare a plan, leave out the messy details, and be open to different reactions and questions from their kids.

Talking about your divorce with your kids can be difficult and painful. However, it’s essential to tell them as early as possible before they hear it from someone else. But how do you do it? Here are some steps you and your soon-to-be-ex should take to ease the process.

Tips to Talk to Your Kids About Your Divorce

The following are some of the tips on how to tell your children about your divorce:

Prepare a Plan – It would help plan when, how, and what you will tell your children. For example, choose a day that allows for family time, like a weekend. Also, don’t communicate the news when the kids are sad or during birthdays or holidays. Instead, choose a time that would bring the least impact. Additionally, choose a time when you and your spouse are unlikely to become angry with each other.
Keep the Message Clear & Simple – Parents should leave out messy details that could make the children think that they may cause the divorce. As a parent, think about what your children can easily understand at this stage. If you’re unsure about what to tell your kids, many professionals, including divorce attorneys, can guide you on how to do it right.
Talk to Your Children Together – If possible, talk to your children together. This will prevent some of your children from discovering the news first and bearing the burden of keeping your divorce status a secret.
Expect Mixed Reactions – Children will react differently to the news. Some may have tantrums, while others will refuse to ask any questions. As a parent, you should be prepared for these reactions. Don’t argue with them. Instead, understand your children’s reactions and offer ways to assist them in dealing with the news so that it hurts less.
Be Open to Questions – Some children will have many questions. Therefore, answer kids’ questions and respond to their emotional needs. This will encourage them to ask more questions when they arise.
Make them Aware of Future Arrangements – It’s essential to include your children in every step of the divorce process to avoid anyone feeling lost. Make sure you involve your children in all your future arrangements. If both parents agree to share time with the kids, let the kids know about the schedule. Also, don’t make promises that are not true or promise things that you may not be able to do in the future.

Contact Divorce Attorneys at The Betz Law Firm

If you and your spouse have decided to divorce, contact the divorce attorneys at Betz Law Firm. We will handle your divorce case and protect your rights and interests. We’ll also share with you tips on how to help your children cope with your divorce or separation. Contact us today to book 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

Dec 21, 2021 @ 10:37 pm

Do I Have to Pay Child Support if I Lose My Job?

December 7, 2021 by David Betz

If you lost your job and have child support to pay, seek legal help right away. Your attorney will help you notify your co-parent, the office of child support, and the court about your unemployment status.

The pandemic-induced recession has resulted in unprecedented job losses. According to a recent report, overall, it’s estimated that the economy lost roughly 9.4 million jobs in 2020. Although the job market has improved since then, the number of people out of work is still high.

Being out of work can profoundly affect your ability to support yourself and even your families. This brings us to today’s question: Do you have to pay child support if you lose your job?

Do You Still Have to Pay?

Whether you’ve been laid off, furloughed, or fired, losing your job generally does not exempt you from paying child support. That’s right; unless otherwise stated by the court, you have to continue making your monthly child support payments as per the child support order or agreement. If you skip payments, you may be found in contempt, which could mean hefty penalties or even jail time.

That being said, you may be able to file a motion with the court requesting for modification of the child support agreement. The sooner you file your modification petition, the better so you do not get in trouble or fall behind in your payments.

However, it’s worth noting that you may be ineligible for modification if:

You were laid off for illegal activities or gross negligence
You quit your job to avoid child support responsibilities

What Should You Do After Losing Your Job and Have Child Support to Pay?

Here is what you should do to avoid getting on the wrong side of the law when you are unemployed and obligated to make child support payments:

Make some payments even if the amount is small.
Send as many job applications as possible and document your job hunting journey. This will help prove you are doing something to get back on your feet.
Notify your co-parent and the office of child support right away.
Apply for unemployment support. Child support could be deducted from your unemployment benefits if you qualify.

Seek Legal Help

If you lost your job and have child support to pay, seek legal help right away. Your attorney will help you notify your co-parent, the office of child support, and the court about your unemployment status. They’ll also help you show what you’re doing to get on top of the situation.

If you’re considering child support modification, your attorney will help you collect solid evidence and build a convincing case. They’ll also help you accelerate the modification petition to avoid falling behind in your payments.

Contact The Betz Law Firm

Are you looking for an experienced child support attorney in St. Louis, Missouri? Look no further; The Betz Law Firm is here for you. We have experienced attorneys who’ll do everything in their power to ensure your rights and interests are protected. Contact us today for compassionate and devoted legal services.

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

Dec 11, 2021 @ 4:45 pm

How Can Criminal Conviction Affect Custody Cases?

December 2, 2021 by David Betz

There are several factors that the court will consider to determine if a prior conviction will factor in the court’s decision.

A prior criminal conviction can directly impact a child custody battle. Beyond the loss of custody, a criminal conviction can lead to reduced visitation or loss of child visitation rights in more extreme cases. That said, having a previous conviction doesn’t automatically mean you’ll be on the losing side of a custody case. There are several factors that the court will consider to determine if a prior conviction will factor in the court’s decision.

Here are some of the factors the court will take into consideration:

1. The Type of Conviction

The type of conviction is probably the most crucial factor the courts consider. For example, the judge will likely be more lenient for alcohol and drug-related offenses if you have shown the desire to change previous habits by joining a rehabilitation facility or an addict self-help group.

Judges generally look upon violent crimes differently depending on the circumstances of the offense. For example, a bar brawl or a case of self-defense might hold less weight than a robbery case with assault or a domestic violence case. If a history of multiple violent crimes exists, the judge will likely be very harsh in their judgment.

Also, since custody battles are based on the child’s best interests, crimes against children are a primary no-go zone. It is infrequent for a judge to make any ruling in favor of a person with a prior criminal conviction involving the abuse of children.

2. The Number of Convictions

This is another critical factor that the court will consider. A court will likely look at a single offense more favorably than many priors. Multiple offenses may give a judge the impression you have an affinity for crime and might be liable to commit a crime in the future.

3. How Long Ago Did the Crimes Occur?

Convictions from the distant past, let’s say 10 or 15 years, generally don’t hold much water compared to more recent offenses: This is especially true if you don’t have any other convictions after that time. The time will be looked at as time used in getting better and growing as a person.

What if You Are Charged With a Crime While in the Middle of a Custody Case?

Generally, being charged with a crime while in the middle of a child custody battle can reduce your chances of receiving favorable visitation and parental rights. That said, it’s worth noting that being charged with a crime is not the same as being convicted of a crime.

If you’ve been convicted of a crime while facing a custody case, make sure you have a family law attorney by your side. The attorney will help you convince the court not to consider the criminal conviction/charge as evidence regarding your fitness as a parent.

Contact The Betz Law Firm

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 clients place in us with their family’s future, and we strive daily to earn it.

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

Dec 23, 2021 @ 4:02 pm