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What Happens if My Ex-Spouse is in Contempt of Court?

July 7, 2021 by David Betz

If you feel that your ex is intentionally violating a court order and need help with proceeding, we can help!

Going through a divorce is hard enough mentally and emotionally. But when your ex is failing to comply with the terms of your divorce ruling, it makes it all the more stressful and challenging.

If your ex-spouse has failed to comply with a court order, you can seek relief from the court by filing a motion to hold your ex in contempt. Therefore, if you feel that your ex is intentionally violating a court order and need help with proceeding, contact The Betz Law Firm.

What Does Being in Contempt of Court Mean?

A person can be held in contempt of court for many different reasons. Examples include refusing to turn over subpoenaed evidence, refusing to pay court-ordered child support, or improperly communicating with jurors outside the courtroom.

The term “contempt” refers to any offense where a person is disobedient to or disrespectful toward a court of law or interferes with its orderly process.

Holding another party in contempt is a powerful tool to help individuals hold their ex-spouse accountable for violating a court-ordered divorce ruling. A contempt of court is essentially an action taken when the other party violates the terms set out by the court.

Reasons Your Ex-Spouse May Be in Contempt

During or after a divorce, contempt occurs when one party isn’t abiding by the terms of the divorce decree. A motion for contempt of court can be filed any time after your ex violates the court order in question. Some of the most common reasons for holding a person in contempt include:

Failure to pay child support
Late child support payments
Failure to pay spousal support
Failure to comply with property division ruling
Violating child custody agreements

Keep in mind that if you file a motion for contempt, the burden of proof is on you. This means that you will have to prove that your ex is in violation of a court order. For this reason, it is essential to have legal representation from an experienced divorce attorney during this process.

At The Betz Law Firm, we will handle filing the motion, arranging to have the motion served to your ex-spouse, and will help you build a strong case that the violation occurred.

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

Jul 27, 2021 @ 3:26 pm

Paternity Law and Your Rights – Reasons to Seek a Paternity Lawyer

July 2, 2021 by David Betz

There are several misconceptions concerning the father’s rights, which often leads to requiring the assistance of a paternity lawyer.

In St. Louis, proving and disproving paternity law issues are often sought when a child is born out of wedlock. There are several misconceptions concerning the father’s rights, which often leads to requiring the assistance of a paternity lawyer.

There are many reasons why you may want or need the help of a paternity lawyer. You may want to understand the father’s rights or paternal grandparent’s rights after establishing paternity. In addition, you may want a legal paternity test or a lawyer for DNA testing to determine the biological father, confirm a timeshare plan and child support, or decide parental responsibility.

If you need an experienced and knowledgeable child paternity lawyer in St. Louis, call The Betz Law Firm at (314) 801-8488.

Establishing the Matter of Paternity

To establish or disestablish paternity, it is necessary to file paperwork required by paternity law. In some cases, DNA testing through a blood test is required, or a legal paternity test is needed before acknowledging paternity. In these situations, most people seek the counsel of a paternity lawyer. It is not uncommon for mediation to be required before the parties can appear before the court. The parties may agree to settle the issues, which would result in a paternity settlement agreement and parenting plan. If the parties cannot agree, the court will hear the case to determine the final hearing outcome.

Reasons to Seek a Paternity Lawyer

Even if you are not listed on the child’s birth certificate, you have rights regarding your child as a father. Allow us to help you establish your paternity to enforce your right to spend time with your biological child. Only after paternity has been established will a St. Louis family court judge hears your petition for visitation and custody. We can help you not only obtain the order for a paternity test but help file the paperwork needed for a visitation petition.

Contact a Paternity Lawyer in St. Louis

Whether you are a single mother seeking financial support from the biological father or the dad trying to get to know their child, our team of experienced paternity lawyers can help you through every stage of the process. We recognize that this is often a delicate situation between the parents and will work diligently to ensure that the child’s needs are met first and foremost. Contact us today to schedule a free 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

Jul 2, 2021 @ 4:37 pm

Relocating with Your Children After Your Divorce

June 23, 2021 by David Betz

Trying to relocate with your children after your divorce is a complicated process. In many cases, the other parent does not agree to the move.

If you are a divorced parent and need or want to relocate and intend to take your children with you, it will likely be a complicated, even impossible, process. When a Missouri court grants a divorce involving children, their priority is ensuring that the provisions in the divorce are in the children’s best interests. This typically means that both parents are granted joint legal and joint physical custody, which means they share decision-making authority.

At The Betz Law Firm, we have decades of experience in family law. Our firm’s goal is to assist families in need to navigate their way through those important, life-changing events. Whether it be a divorce, relocation issues, or questions of paternity, our team of compassionate lawyers will be at your side, offering our guidance and support.

Reasons You May Wish to Relocate

After a divorce, either parent may decide for one reason or another that it’s time to move on with their life, and sometimes this means actually moving. Some of the most common reasons parents wish to move away from the other co-parent include:

A new job or job transfer
A new relationship or marriage
To be closer to relatives
Better educational opportunities

Relocating With Your Child Within Missouri

If you want to move but stay within the state, there are several things you need to know. Under Missouri law, a court will only modify residential custody if it finds a change in the circumstances of the child or their custodian. When relocating a child’s primary residence, the court does not necessarily require modification as long as the parent follows the proper procedures.

The term relocation defined by state law “means a change in the principal residence of a child for a period of ninety days or more, but does not include a temporary absence from the principal residence.” If a change of address is temporary and both parents agree, it is not considered a relocation. This would include traveling, studying abroad for a semester, attending summer camp, and other similar situations.

If the parent wants to relocate to a different part of the state, they must follow the procedure for relocating a child. The procedure for moving within the state is very similar to moving out of the state. These procedures include:

At least 60 days of notice to the other parent
The address and/or city of the new residence
The date the move is planned
A written statement explaining the reason for the move
A proposed revision to the custody and visitation schedule
A statement of the other parent’s right to file a motion to object

After the other parent receives the notice, they have 30 days from the date they receive it to object to the move. If both parents agree to a revised visitation and custody schedule, they can file it with the court and have it added to the custody order.

Relocating With Your Child Outside of Missouri

The procedure is primarily the same as relocating within Missouri. However, moving outside of Missouri could constitute a change of circumstances and provide grounds for modifying the custody decree. The other parent still has 30 days to object to the move.

Even if the other parent agrees, moving outside the state creates another set of issues. One challenge is that Missouri law does apply outside of the state. However, state and federal laws have provisions for enforcing child custody orders in other states or countries.

When the Other Parent Objects

This is the main challenge when it comes to relocating with your children. If the other parent objects, they have to file a motion with the court within 30 days of receiving the notice. The parent intending to move has 14 days to file a response.

Contact a Family Law Attorney in St. Louis

Trying to relocate with your children after your divorce is a complicated process. In many cases, the other parent does not agree to the move. However, every case is different. At The Betz Law Firm, we understand the intricacies of the laws surrounding relocation. Our firm’s goal is to assist families in need to navigate their way through those important, life-changing events. Contact us today to schedule a free 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

Jun 30, 2021 @ 3:29 pm

Changing Your Name After Your Divorce – What You Need to Know

June 14, 2021 by David Betz

After your divorce, you can go back to your previous name or go by a different name. However, that does not make the name you choose your legal name. We can help!

You are not required to change your name after getting divorced. However, if you choose to change your name, Missouri law allows you to include a name change as part of the divorce. The decision to change your name or not is yours to make. At The Betz Law Firm, we can help you if you decide to change it.

How to Change Your Name After Your Divorce

After your divorce, you can go back to your previous name or go by a different name. However, that does not make the name you choose your legal name. Even if you introduce yourself as your chosen name for legal purposes, your given name will still be the first and last name. To make your new name official, you need a court order approving the change.

In a traditional scenario, a woman who took her husband’s new name when they got married wants to change it now that she’s divorced. However, this is not the only scenario in which a person might want to change their name after their divorce is finalized. In addition, you can request a name change as part of the divorce or in a separate petition to the court afterward.

Changing Your Name – As Part of the Divorce

If you have not yet gotten divorced, you have the option of including a request for a name change as part of the divorce proceeding. In Missouri, a petition for divorce must identify all of the issues that the person filing wants to resolve. This includes things like spousal maintenance, property division, and child custody. A request for a name change can also be part of the divorce petition.

If you are changing back to your maiden name or another name you have legally used in the past, the judge will likely sign off on it with no questions. If you ask for a completely new name, the judge may have a few questions to ask you.

Changing Your Name – After Your Divorce

If you are already divorced and would like to change your name, you will have to petition a court. The court must grant a name change after a judge determines that it would not be detrimental to the interests of another person. For instance, if you are trying to evade debt collectors or the law, a judge will not approve it. If you have any other pending lawsuits or judgments, the court will need to know about them.

Filing a name change petition after your divorce will cost you extra instead of being included in your divorce. You will have to pay another filing fee, and state law requires you to publish a notice of your name change in the local newspaper.

St. Louis Name Change Lawyer

There are many reasons why an individual may seek to have their name changed legally. Our firm has 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.

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

Jun 30, 2021 @ 1:46 pm

Mistakes Parents Often Make Before a Custody Battle – How to Avoid Them

June 8, 2021 by David Betz

Our team of child custody attorneys will go over each of these points with you to help you make the best decisions.

Child custody battles typically represent the most critical and sensitive aspects of finalizing a divorce. When a couple cannot agree on child custody, they are often willing to fight hard in court for an arrangement they find agreeable. However, these conflicts often prompt the court to take a long, hard look at their family and personal behavior. In some cases, this behavior harms the parent’s chances of petitioning for a custody arrangement they would prefer.

If you are in a custody battle or preparing for it, it is critical to understand how these mistakes can negatively impact your case. Our team of child custody attorneys will go over each of these points with you to help you make the best decisions.

Making Decisions on Parenting by Yourself

Finalizing a divorce can often take a long time, and during this time, parents are typically acclimating to their new routine and situation. However, during this process, the parents must stay amicable enough to communicate about parenting decisions. The mistake is made when one parent makes decisions regarding the health or education of their child without consulting their soon-to-been ex-spouse. In these cases, the court may interpret this as a couple’s inability to work together. This can hurt their chances of a favorable custody plan.

Badmouthing Your Spouse Publicly

When going through a divorce, it is easy and understandable to harbor some angry feelings towards your spouse. However, it is critical to keep your emotions in check. The court wants to see parents who, despite their difficult situation, can still encourage their child’s relationship with their co-parent. If you have been badmouthing your spouse on social media, at work, and publicly with friends and family, the court may doubt your ability to provide your child with a strong perspective on their family.

Insisting on Sole Custody

There are legitimate situations where a parent needs to fight for sole custody. Cases of child abuse, drug addiction, and other serious situations are some of the reasons. However, in most child custody cases, the court will want to pursue a custody arrangement in which both parents continue to play a prominent role in the children’s upbringing.

St. Louis Custody Attorneys

Our legal team recognizes the delicate nature of child custody proceedings. We make it a priority to ensure that the interests of you and your child are considered first and foremost. The idea of losing precious time with a child can be overwhelming for a parent whose primary goal is to protect their well-being. We have the experience you need to help your family through these difficult times and make sure that you are satisfied with the result.

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

Jun 23, 2021 @ 9:52 pm

How to Handle a Divorce During Pregnancy

May 27, 2021 by David Betz

No one expects you to manage the divorce and the prospect of single parenthood alone. Our goal is to help you find the answers to your questions and begin the next phase of your life with as much ease as possible.

Having a baby is a wonderful time in a couple’s life. However, divorce may be the only option in cases of abandonment, infidelity, abuse, or irreconcilable differences. Going through a divorce is often an incredibly emotional and painful time, but the situation gets even more complicated with pregnancy.

At The Betz Law Firm, our goal is to help you find the answers to your questions and begin the next phase of your life with as much ease as possible. We are dedicated to providing our clients and their families with kind, personalized, and professional legal representation throughout the divorce process.

Overcoming the Challenges of Divorce During Pregnancy

If you are pregnant and heading towards divorce, you have a lot to handle. Divorce and pregnancy are both emotional and stressful times. Experiencing bitter emotions and managing frustrating legal paperwork can make it difficult to stay calm during this period. Therefore, it’s important to get through your divorce with as little stress as possible and focus on a positive future.

First and foremost, keep yourself healthy. The stress of going through a divorce can hurt you and your unborn child. Therefore, seek support from loved ones who can help. A trusted friend or family member can offer comforting advice and encouragement. They can help you ward off negative thoughts and help you see the silver lining.

Second, don’t shy away from professional help. No one expects you to manage the divorce and the prospect of single parenthood alone. Ease your stress by talking to a professional such as an attorney, therapist, or gynecologist. Keep in regular contact with your healthcare team by not missing appointments.

Depending on your situation, you and your ex-spouse must work out a co-parenting plan. No doubt both of you share the goal of welcoming and raising your child and providing for their needs. When working with your ex-spouse, keep your child’s needs in mind. Do not focus on the hate or frustration you have towards your ex. If you find it difficult to work together, involve a counselor or mediator.

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. Our goal is to assist families in need to navigate their way through these important, life-changing events. You are not alone. Our team of compassionate lawyers will be at your side, offering our guidance and support.

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

May 27, 2021 @ 4:58 pm