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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

Do I Need a Lawyer to Change My Name in Missouri?

August 16, 2021 by David Betz

From start to finish, your name change attorney will provide you with all the necessary help and information you need to change your name successfully.

If you live in Missouri and want to change your legal name, do you need the help of a lawyer? The answer to this question depends on how you look at it. The short answer is no; the law doesn’t require you to have a lawyer to change your name. However, most people don’t realize that the process to change a name involves a court process. It’s not just a matter of filling out a form and having it done.

At The Betz Law Firm, we have handled every type of name change situation, from divorce to a minor child’s legal adoption. In some instances, a name change petition may be part of a larger family law matter, such as with a divorce. Non-gender conforming individuals, such as transgender or non-binary, may wish to change their name to fit their identity.

Petition for Change of Name

If you are 18 years of age or older and want to change your name, you must file a Petition for Change of Name. The petition must state important information required by the law for a name change to be approved and granted. The petition must describe who you are, where you live, why you want to change your name, and whether or not the change is being made in good faith.

Reasons to Hire a Name Change Lawyer

An attorney can help you with the entire process, from drafting the petition, reviewing it, and then filing it. They will also appear in court at the hearing, where the court allows a lawyer to help with handling specific tasks.

From start to finish, your name change attorney will provide you with all the necessary help and information you need to change your name successfully. They will provide you with the correct documents and perform the necessary background checks. Having an attorney will give you peace of mind knowing that the process is being handled correctly. They will ensure that the entire process will run smoothly.

The majority of name change petitions are approved. However, a judge may deny your request if your petition is incomplete or it fails to provide all of the information required by law. If the judge thinks your petition is not in good faith, it will be denied. An example of this is if you are changing your name to avoid creditors.

Your name change lawyer will help you overcome these hurdles and will likely help you avoid them altogether.

Missouri 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

Aug 16, 2021 @ 5:37 pm

Dividing Marital Debt After Divorce – What You Should Know

August 9, 2021 by David Betz

If you have any marital debt, it’s generally up to you, your soon-to-be-ex, and your divorce attorney to develop a debt-division formula.

Divorce is typically complicated on its own, and throwing the division of debt into the mix only adds to the complexity of the process. The fact that marital debt doesn’t disappear after a divorce naturally leads to the question, how is marital debt treated after divorce?

What Is Considered Marital Debt?

Generally, marital debt, also commonly referred to as matrimonial debt, conjugal debt, or “community” debt, is incurred by one or both spouses. This applies to any loans or debts acquired during the marriage, including car loans, mortgages, medical bills, or utilities.

Any debt incurred before the marriage date falls under “separate debt,” as long as the loan or debt was never used to benefit both spouses.

How Will Your Divorce Affect the Credit or Debt Agreement?

Your lender shares no part of your divorce agreements, so the original credit or debt agreement will remain unchanged. From the lender’s and legal’s point of view, you and your spouse remain equally responsible for the loan or debt, including late fees and collection costs.

The lender has the right to pursue both of you when the loan payment is due. And if you and your former spouse fail to meet your loan obligation, the lender may resort — (with the court’s permission) — to asset seizure or wage garnishment.

How Is Marital Debt Divided?

If you have any marital debt, it’s generally up to you, your soon-to-be-ex, and your divorce attorneys to develop a debt-division formula. Should you and your ex disagree, the case will have to go to trial, where a judge decides which spouse is responsible for which debt.

How do Missouri family courts split up marital debt? Missouri courts subject conjugal debts to equitable distribution. This means the debt will be distributed fairly but not necessarily equally. Again, having a lawyer by your side can help protect your rights, interests and can help you get a favorable ruling.

I Asked the Lender to Take My Name off the Debt Agreement: Am I Still Liable?

Yes, you’re still liable. Taking your name off the debt agreement only affects your liability for new charges. You can still be held liable for the original debt you and your former spouse owed.

Am I Liable for the Debt if My Name Was Not on the Debt Agreement?

If your spouse can provide sufficient proof that the debt was used to benefit the marriage, then you are still responsible for the underlying debt even if your name is not on the credit or debt agreement.

When Can Business Debt Be Considered Marital Debt?

There are situations in which a business debt could be considered marital debt:

If your partner acquired a business loan through a sole proprietorship, the business loan could qualify as marital debt if used to benefit the marriage.
If you and your spouse co-signed on the business loan.

Contact a Divorce Attorney

Debt division is a headache for divorcing couples worldwide. Fortunately, you can hire a reputable divorce attorney to help you negotiate a fair debt-division agreement.

If you’re in Missouri and planning to divorce, contact Betz Law Firm. Our attorneys will help guide you through the divorce process and ensure your rights and interests are protected.

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 9, 2021 @ 2:06 pm