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One of the many ways a divorce will impact your life is forcing you to change your estate plan. Because your divorce will change your living arrangements and family structure, you must plan for the future accordingly. That means making changes to how you wish that your estate is handled in case you pass away.

This is something we don’t usually think about, especially if we don’t have any chronic disease or work in a risky profession, but everyone has an estate – no matter how large or small – and an unfortunate event can happen at any time. Here is how your divorce can impact what will happen to your estate in the future.

Draft a New Will

The main document in estate planning is your will: a legal document that shows how you want your property to be divided in case you die. When drafting a new will, it will automatically revoke the previous wills you had. This means that you must have a clear idea about who you want your property to end up with after your death.

Since you and your spouse will no longer be family, some states automatically disinherit them, but if their children or other family members were previously included in your will, they will still get a share of your inheritance if you don’t draft a new will stating otherwise.

If you and your spouse agree to keep a cordial relationship and still be in each other’s lives, and you still want them to give a part of your property, drafting a new will is still necessary, as most states treat your divorced spouse as if they predeceased you.

You Should Update Your Beneficiary Designations

Not all your assets are included in your will, and it’s important to decide what happens to them after your death. Examples of such assets include retirement accounts, life insurance policies, pay-on-death bank accounts, and other similar financial assets. There are certain types of plans that are governed by federal law, and under it, divorce is not taken into consideration when passing them over after your death. This is why you have to deal with the changes yourself, and name another beneficiary by updating your documents.

Name Legal Guardians for Your Minor Children

When you have minor children, it’s most likely that they will end up living with your spouse in case something happens to you. But you also have to consider the possibility of your spouse predeceasing you, or losing their parenting rights, which is why it’s wise to name a legal guardian other than them in case you die.

Making New Powers of Attorney Directives

Powers of attorney include important decisions that someone can make in your name: legal and financial decisions, medical decisions in case you lose your capacity to make them, handling certain things in case you are left in a vegetative state, etc. If your spouse or their family were previously named in these documents, you may want to update them.

If you are uncertain how divorce can impact your estate planning, or have any doubts on what decision to take, discuss this with your St. Louis divorce lawyer. They can recommend the best course of action.

Many divorces occur because both spouses agree that the marriage is irreparable, but most of them end up in a long fight over assets, custody or other arrangements. You may have heard of some cases when a spouse filed for divorce and their partner simply refused to accept. You may be wondering: what happens?

Getting a Divorce in Missouri

Getting divorced in Missouri is that it is a no-fault divorce state. That means that the court does not require you to present the cause of the dissolution of marriage. If you are unhappy and you want to get a divorce, you simply testify that your relationship is irreparable and the dissolution process will begin.

The second thing you need to know is that being in a no-fault state doesn’t mean that your divorce will be granted immediately. You still have to come to a settlement with your spouse, which will be definitive once the court proclaims it. If you and your spouse disagree about the conditions of the divorce, you may be looking at a long battle for your common assets and for your minor children, if you have any. An experienced St. Louis divorce attorney can help you prepare for the long process.

What If My Spouse Does Not Answer My Petition to Divorce?

You might think that your spouse is capable of postponing your divorce indefinitely just by refusing to acknowledge the divorce papers, but this is not the case in Missouri. According to the state law, your spouse has 30 days to respond to the divorce papers, since the moment they get served.

If you still don’t get an answer, your next step is generally to file for a “default and inquiry,” which would give your spouse the last chance to respond to your petition. If they don’t show up for this hearing, you may be entitled to receive everything you asked for in your initial petition (and not added afterward.)

What Next?

If you have any questions about the dissolution of marriage in such a case, please contact an experienced St. Louis divorce attorney who can navigate the intricacies of the divorce law and present you the best way to proceed further. It is important to note that each case is unique and should be discussed with an experienced attorney before taking action.