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4 Ways Divorce Can Affect Your Estate Planning

February 18, 2020 by David Betz

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.

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

Feb 14, 2020 @ 5:55 pm

Can a Father Get Custody If He Wasn’t Part of the Kids’ Life for a Long Time?

February 14, 2020 by David Betz

Custody battles are never easy. The prospects of divorce are tough on their own, but when children are involved it can make everything that much harder, both from an emotional and legal point of view.

In Missouri, the general idea that guides the custody process is that any decision made must be in the best interest of the child. For parents, especially fathers who have not been involved in the child’s life for a long time, it may be especially difficult to gain custody.

Understanding the Law

In Missouri, there is no default parenting plan. The family judge will decide on the matter based on the case in front of them, ruling what is best for the children. There is, however, a new law that encourages a 50-50 custodial share, based on the belief that children should spend an equal amount of time with both parents, even if they are divorced.

But of course, in practice, it can be difficult to have 50-50 custody. One parent may be deemed unfit to have custody, placing the child in the care of the other parent or a legal guardian, if both parents are deemed unfit.

Custody is different from visitation rights, however. A parent may not have custody of their children, but still, have the right to visitation. Sometimes the judge will even decide how frequent these visits are, and how they can occur (supervised or unsupervised).

Things Can Change

If a parent loses their custody rights, it often has to do with their inability to care for the child. Perhaps they do not have a job to support themselves or the child or are battling an addiction. Losing custody can sometimes break families apart, and the father can lose touch with his children for a while.

However, just because the judge decided one parent is fit to care for the children does not mean this will always be the case. Things can change drastically, in which case the distant father may consider re-applying for custody.

Whether they will get it greatly depends. First, it’s important to address the issue that removed their custody rights in the first place – were they resolved/improved? The judge will again question the father’s ability to care for the child.

Then, it’s important to consider if the mother or other legal guardians should lose custody. Have they put the child in danger? Is it best for the child to be removed for their environment?

Lastly, there is the question of whether the distant father is the best person to gain custody, considering they were not part of the child’s life.

What Should You Do?

When it comes to custody battles, the smallest thing can change the course of a case. One of the best things you can do is get in touch with an experienced St. Louis divorce attorney for legal guidance.

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

Feb 14, 2020 @ 4:49 pm

My Spouse Doesn’t Want a Divorce – What Are My Options?

February 5, 2020 by David Betz

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.

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

Feb 14, 2020 @ 5:28 pm

What If My Child Does Not Want to Visit My Former Spouse?

January 14, 2020 by David Betz

The Missouri family courts are of the opinion that a child’s best interests are generally served when they have regular and continual contact with both parents. However, what happens when your child’s personal interest does not match with their best interests? How do you approach the problem of your child not wanting to visit your former spouse?

To begin, it is important to have a direct and respectful conversation about their responsibility to spend time with both parents. Find out if there is perhaps an underlying reason why they do not want to go. Maybe they are anxious about going to a new house or seeing their parents in new living arrangements. Just as this is not an easy transition for you, it is also hard on them. Let them know that even though many things are changing, that the love of both parents for your child is still as strong as ever.

As with many other times in a child’s life, discipline may be necessary. How do you punish your child for misbehavior? Do you take away a favorite electronic? Maybe extra chores around your house or restrictions from playing games are the answer. You may not be able to enforce these restrictions at your former spouse’s home but it is important to set these boundaries under your roof.

Finally, therapy may be in order, not just for your child, but perhaps together. A trained therapist can access the situation and provide guidance for this uncomfortable transition in your child’s life. They can offer advice on how to work through the pain and myriad of feelings both you and your child are experiencing.

So long as your child’s animosity towards visitation is not born of fear for their safety, the courts will expect you to enforce visitation. Your child may be acting out, but children often do that when facing change. Listen to what they have to say, try and be understanding, but firm.

Jan 14, 2020 @ 11:23 pm

If My Ex Remarries Does It Affect Child Support & Alimony?

December 16, 2019 by David Betz

Imagine you’ve made it through your divorce. Now, years later, your former spouse is getting remarried. What does that mean for the maintenance that the family court judge ordered?

Well, as long as it is a legal marriage, you are released from your alimony payments, effective the date of the new marriage. In fact, Missouri law generally does not require further action, though it is advisable to contact your family law attorney to ensure the new marriage is recognized by Missouri. That last point is rather important. In the not so distant past Missouri residents have thought they were no longer obligated to pay maintenance fees when, in reality, they were still expected to continue payment.

Missouri does not recognize common law marriages. Some states, however, do. If your former spouse moved to a state that does have some formalized common law marriage, they’re new relationship may not be recognized by Missouri. If this is the case, the court will still uphold the maintenance fees, and you will be found in contempt if you cease to make payments. Therefore, it is important to consult with an experienced St. Louis family law attorney.

Let us presume, however, after speaking to your attorney that the marriage is valid. What about child support? Unlike alimony, child support does not end through remarriage. You are required to continue payments as per the terms of your parenting plan.

If your ex has remarried and you have questions about how this affects your divorce agreement, be sure to contact an experienced St. Louis family law attorney. Give the Betz Law Firm a call today at (314) 801-8488. We will be able to review your case and see if any further action is needed.

Dec 16, 2019 @ 9:18 pm

What is Discernment Counseling and How Can It Help?

December 10, 2019 by David Betz

st. louis couple at disernment counseling

When your marriage has a lot of issues, but you and your spouse still want to fight to keep it alive, you may go see a marriage counselor. When both of you are done fighting and ready to move on, you generally file for divorce.

But what happens when you’re not sure which of the two is the right decision? Or when the spouses have entirely different views on the subject?

There may be an answer to that: discernment counseling.

What Is Discernment Counseling?

Discernment counseling is a form of counseling that helps couples understand their relationship better so that they can know if they should give it another shot or part ways entirely. A relationship specialist will guide you and your spouse towards a common answer.

The methods used in this form of therapy can be different, but they generally involved both parties openly discussing how they feel about their lives, relationships, dynamics, etc.

The Benefits of Discernment Counseling

Ending a relationship is difficult, even if one party has decided what they want to do. Discernment counseling can create a safe space where both spouses can hear each other, and understand where both are coming from.

Because the sessions are guided by an expert, both sets of opinions can be equally verbalized, which in real life may not always happen as one spouse can easily take over the conversation. The result of the counseling, however, is always up to the spouses – they will inevitably decide if they want to try again, or part ways.

It Is Not Marriage Counseling

It’s important not to confuse discernment counseling with marriage counseling. In the latter, the partners work towards fixing their relationship, and the counselor may have a more active approach in helping them do it – role play, home exercises, advice, etc. Generally, the therapist will try to identify the root of the problem (lack of communication, feelings of neglect, etc.), and design their sessions to address it.

In discernment counseling, on the other hand, the counselor generally does not try to help the couple fix their issues. More, they try to make sure all viewpoints are expressed and heard, so that in the end the couple can amicably reach a conclusion.

Is It for You?

That’s difficult to say. Sometimes, one of the spouses can be very sure of the path they want to take. Still, discernment counseling can still be beneficial because by allowing them to communicate, they can preserve a better relationship regardless of what happens next. And in case the children are also involved, maintaining a good relationship with the other parent is essential.

St. Louis Divorce Attorneys

Are you considering filing for divorce? If there are also custody matters in play, then you may need the assistance of an experienced St. Louis family lawyer. At The Betz Law Firm we can help make sure the process goes as fast as possible, without creating additional pain. Give us a call today at (314) 801-8488.

Dec 10, 2019 @ 5:58 pm