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How Long Is My Divorce Going to Take?

April 22, 2019 by David Betz

The divorce process is not the same for everyone. Each couple has its story and a variety of factors can influence the development of the divorce.

If you want to anticipate how long this process is going to take, at least to a certain extent, it is best to discuss the specifics of your case with an experienced St. Louis divorce attorney. They can help you understand the factors that can influence its duration and how to prepare for each step. Here are a few general factors that may effect the duration of your divorce:

The Waiting Period Imposed by the State

According to the Missouri law, there is a minimum of 30 days from filing the petition until the divorce can be pronounced.

The judges can make an exception about the waiting time if the circumstances require it. However, it’s generally only for events that cannot be controlled by the spouse, such as birth or deployment.

How Well You Get along with Your Spouse

It may sound ironic, but your divorce will happen faster if you actually get along with your spouse. Of course, that implies a mutual desire to separate, but also the ability to compromise and agree on the small things in the process.

The fastest divorces happen when you actually settle on a signed agreement, making the division of assets or the custody arrangements simpler for everyone.

The Number of Assets That You Must Divide

It’s only natural to expect your divorce to take longer if you had a lot of properties and goods as a married couple. The court must now register, evaluate them and decide what goes where.

Things can get even more complicated if you have a family business together as the evaluation of its value must be done over a long period of time.

Whether or Not You Have Children

One of the most delicate, important and disputed parts of a divorce is dealing with the custody of the children, child support payments and parent rights. The divorce can be over quite quickly if you don’t have children.

If you and your spouse have different ideas about where the children should live, your divorce won’t be pronounced until the custody issue is solved through witnesses, evidence, evaluations, testimonies, and so on.

The Presence of Both Spouses in the Same State

If both of you live and work in the same state, then the divorce process will be over sooner than expected. Filing for divorce when your spouse or yourself have relocated to a different state, on the other hand, will affect its duration significantly.

St. Louis Divorce Attorney

A lot of things can influence the duration of your divorce. So much so that it can be over in a few short weeks or extend for years on end. Working with a good St. Louis divorce attorney will help you navigate all the legal intricacies and speed up the process.

Give us a call today at (314) 801-8488

Apr 22, 2019 @ 8:41 pm

Filing Taxes During a Divorce

April 10, 2019 by David Betz

If you are in the middle of a divorce, filing taxes may be the last thing on your mind. However, there are a few things you should understand.

Filing taxes is already a nerve-wracking and complicated matter. No matter how many times you do it, there may always be something that gets you confused. If you are in the middle of a divorce, things can become even more complex.

Should you file joint or separate tax returns? What does the law say? And, what option is in your best interest.

Because the circumstances of every case are different, it is best to discuss your options with an expereinced St. Louis divorce attorney before making a decision.

Common Tax Issues During a Divorce Trial

One of the most common questions people ask their lawyers is if they should file a joint or separate tax return.

The short answer is that it depends. According to the law, divorced spouses can’t file a joint tax return. Keep in mind, though, that the marital status is determined on the last day of the year. So, if you are still married on December 31 (the end of the tax year, ) meaning that there is no final court ruling ending your marital status, then you can generally file a joint return if both of you agreed to do so. That is generally applicable even if you are separated and don’t live together anymore.

Talk with your soon to be ex-spouse and your St. Louis family law attorney and decide if a joint return is in your best interest.

On the other hand, if the divorce is final come December 31, then you will typically need to fill your tax returns as “Single.”

Does Child Support Payments Affect My Tax Return?

The Missouri law states that child support payments aren’t included in the income of the spouse receiving the benefits. As such, they are not deductible from their income. The same stays true even if the ruling regarding child support or custody is only temporary. Note that a temporary ruling won’t affect your marital status either.

So, if your divorce is still pending and a judge ruled that your kid should stay with your spouse until the case reaches a final conclusion, then you can still file for a joint tax return if both of you wish to do so.

What Should You Do?

Discuss your options with your tax and divorce lawyer before deciding anything. If the divorce is not final, then filing a joint tax return may be in your interest, especially if you are struggling with credits and deductions. On the other hand, both you and your spouse will be liable if something is wrong and will have to pay penalties

Speak With a Divorce Attorney

There are a lot of things to consider during a divorce. Tax returns and any other financial considerations may be the last thing you care about when you are trying to start your life fresh. But, you need to think about every detail of the process and do what is in your best interest.

Give us a call today at (314) 801-8488

Apr 10, 2019 @ 7:26 pm

4 Essential Things to Include in a Separation Agreement

March 20, 2019 by David Betz

It is important to discuss the following essentials with your attorney when settling on a separation agreement.

Separation is a stressful time for any couple, as they have to now split their life together and agree on what is left for each one, what conditions will they follow further and what to expect during a possible divorce and custody battle. It is a delicate matter that often ends up in an argument and legal competition.

Having a separation agreement will reduce the stress levels during the actual divorce and can help both parties cope better with the entire situation. It is also very important to write down clearly each spouse’s right and obligations. But how do you approach something so emotionally charged as a couple’s separation?

A St. Louis legal separation attorney can help you see the light at the end of the tunnel. It is important to discuss the following essentials with your attorney when settling on a separation agreement.

The Distributions of Assets

The first thing spouses should start thinking about when they separate is the distribution of assets. Property and goods that they have accumulated during their marriage will have to be reported and split according to the law. Check all your accounts, properties, valuables, and get ready to decide what goes where.

Trying to hide money or siphon them in other accounts is not a good idea, so be as transparent as possible in this matter.

The Division of Debts

It happens very often that spouses accrue various debts during their time together. When they separate, the agreement should definitely include information about these debts and how will they be shared by the two. A family law attorney will provide legal support in this matter to make sure both spouses are treated fairly in the division of debts.

Spouse and Child Support

None of the spouses should worry about being left with nothing after the separation. Usually, the spouse who earns more will have to pay a certain amount to the other spouse. Child support will generally be paid by the parent who ends up with less time with the children. The parent who has the children in their care will not pay child support.

Custody, Parental Time and Visits

One of the most delicate and important parts of a separation is discussing custody and parental time when minor children are involved. The spouses should mention if they are going for full custody or if they agree on having split custody. But usually, no final decision is taken until a divorce is finished.

Ultimately, it is up to you and your spouse what other aspects you want to include in the separation agreement. If you think that the agreement should cover an area that your spouse does not want to include in the document, it is important to discuss this with your attorney.

Speak With an Attorney

A separation agreement is definitely useful, especially if divorce is imminent, and it can help make the process less traumatic for all parties involved.

Get in touch with an experienced family law attorney today at (314) 801-8488.

FREE Consultation

Mar 20, 2019 @ 11:35 pm

5 Reasons Child Support Payments May Cease

March 20, 2019 by David Betz

Child support is intended to protect children and ensure that parents who share custody contribute financially to their upbringing.

Many divorce cases that involve minor children are extended and experience difficulties when it comes to custody and child support. It is a delicate problem that needs a clear outcome.

Not paying child support when the court ordered you to will have legal consequences, and even get you in jail. But child support payments generally won’t go on forever, and there are situations when you can request a re-evaluation of the court order and get an early termination pension. A St. Louis divorce attorney can help you determine if you qualify and if there are valid reasons for terminating child support payments. Here are some of them.

The Child Reaches the Age of Majority or Passes Away

As these two reasons are straightforward and non-disputable, irrevocable and objective, we are mentioning them together. As child support is intended to help with the upbringing of a minor who doesn’t have the means to support himself (and shouldn’t have to), reaching the majority age generally means the young individual is no longer eligible to receive parental support ordered by the court.

Physical Custody Is Given to the Paying Parent

If the custody is given to the paying parent, as a result of a re-evaluation, they no longer have to pay child support, as they are presumably offering the child a shelter, food, clothing, an education, etc. If the other parent loses the physical custody, they may be the ones who are now paying.

The Emancipation of the Child

If a child has legal financial means of supporting himself, then he can request to be emancipated from their parents. It is a delicate decision that the court will weight carefully since it can leave the child exposed.

Losing Parental Rights

If winning physical custody gets you out of paying child support, losing your parental rights has the same result. Keep in mind though that you will not be allowed to make any decisions about the child or demand to see him.

There is one important thing to mention here: you can’t just give up on your parental rights because you want to. It has to be proven in court that you are unfit to be a parent or to reach an agreement with your ex-spouse.

You Can’t Afford Paying Child Support

As you can see, the legal termination of child support payments is not an easy thing to achieve before the child reaches the majority age. The law acts in the best interest of the child, even if the paying parent is struggling.

For example, being unemployed doesn’t exonerate you from paying child support. The amount you pay is usually calculated based on your income. If you don’t have a source of income, the payment will be calculated as part of the minimum wage.

However, if you really struggle with your child support payments, get in touch with your St. Louis divorce lawyer. It is much better to try to obtain a new court order than to stop paying.

Mar 20, 2019 @ 12:55 am

Child Custody in Same-Sex Marriage: Here’s What You Should Know

February 25, 2019 by David Betz

The law regarding same-sex marriage is often changing, but we can help you determine the best course of action.

A separation or divorce can be a very tough time for the parties involved, but the most affected of all always seems to be the children. For same-sex couples, things can get increasingly difficult, as their case is non-standard and subject to how a judge may interpret the law or how supportive and understanding the law is with the LGBT community.

Child custody lawsuits are often complicated because of all the emotions involved. Challenges are different for same-sex partners when they are trying to separate. The law regarding same-sex marriage is continually changing, and only a good St. Louis divorce lawyer can help you determine the best course of action.

Before You Go to Court

First of all, it’s important to mention that taking legal action is not the ideal solution. Legal custody battles are very difficult for all parties involved and especially traumatic for children. Moreover, the legislation isn’t very clear yet, and there aren’t that many cases for the authorities to draw inspiration from and take an equitable decision. Same-sex couples are still defining the path for future generations, but a courtroom is not a pleasant place and time to be revolutionary.

Ideally, you and your former partner will be able to settle outside of court, with the help of a mediator. Discuss openly and sincerely and try to find common ground for the following problems:

Legal custody – decision makers
Physical custody – where does the child live
Visitation rights
Child support

If you can agree on these things, you don’t need to go through a legal battle. But if something is giving you good reasons to fight for another arrangement, find a good St. Louis divorce attorney and ask for their legal counsel and guidance.

Missouri Law on Same-sex Separation and Custody Rights

Missouri state law recognizes the adoption made in any other state and will consider it to be the starting point for the custody agreement. If both parents adopted the child or if a non-biological parent adopted the child through second-parent action, then both of them have the right to custody.

If, on the other hand, only one of the partners is a biological parent or has legally adopted the child, there is a slim chance for the other partner to claim any legal rights over the minor. Naturally, that also absolves them from paying child support.

St. Louis Family Law Attorney

It’s a good starting point that both partners are aware of their legal requirements and rights and are working to find the best possible solution for the children involved.

The purpose of the law is to protect the most vulnerable persons involved in a separation or divorce. That can become an obstacle in more complex, grey-area cases. That is why it’s essential to contact a lawyer who specializes in custody battles.

At The Betz Law Firm we are committed to guiding our clients through the court process with same level of professionalism that we would wish for our own family members. We are aware of the trust our clients place in us with the future of their family and we strive daily to earn it.

Call us today at (314) 801-8488 or fill out our online case evaluation form.

Jun 24, 2019 @ 5:50 pm

How Couples Can Divide Physical Items in a Divorce

February 21, 2019 by David Betz

Splitting up physical items comes down to knowing what you want, being willing to compromise, and preparing yourself for some level of negative emotion.

One of the most contentious points in a divorce comes when couples divide their assets. The reason is that many of these items have a significant amount of sentimental value, and if they’re physical, they cannot literally be split up.

What is Equitable Distribution?

The first thing you should understand about divorce in Missouri is that it runs on an equitable distribution system. What this means is that every marital asset will be split as fairly as possible. At the same time, some assets may be exempt from this process because one party individually owns them. Figuring out which of your belongings fit into which category is best discussed with a lawyer. Ultimately, every item that you share with your spouse should be split between you.

Build a Comprehensive List of Assets

Before you start to split up your assets, you must understand them. You can do so by making a comprehensive list. This step should not be brushed aside, as you don’t want to miss anything. Some of the most common of them include homes, other forms of property, cars, pets, collectibles, electronics, and furniture.

Give Them Monetary Value

As you can imagine, none of these assets can be split cleanly. As an example, a car cut down the middle is no use to anyone. What you can do instead is assign monetary values to each item. What this allows you to do is obtain half the cash equivalent of each asset, rather than losing it entirely. One thing to note is that some assets, like a home, will require an expert to appraise them. You cannot estimate the values on your own and move on with the process.

Be Prepared to Compromise

When you begin your negotiations with your ex-spouse, you will likely both have attachments to your items. Very few people want to cash out their half of every asset. Instead, they fight for the ones they think are most important. In the process, you’re going to want something your partner wants, and you’ll have to come to some sort of agreement on how you’ll work that issue out. The most common method is looking at all of the most contentious items and deciding which you care about the most about and which you could do without.

Be Prepared for Some Heartache

One of the most painful things about divorce is losing the items that you love. As we explained above, you’ll have to compromise on certain assets if you want to keep the divorce moving. Unfortunately, doing so can lead to heartache, as you lose things that you are incredibly attached to. Preparing for this disappointment is a great way to beat it once it presents itself.

As with the rest of your divorce, splitting up physical items comes down to knowing what you want, meticulously keeping track of records, being willing to compromise, and preparing yourself for some level of negative emotion. Call The Betz Law Firm today at (314) 801-8488 or fill out our online contact form. We are committed to guiding our clients through the court process with same level of professionalism that we would wish for our own family members. We are aware of the trust our clients place in us with the future of their family and we strive daily to earn it.

Feb 25, 2019 @ 8:36 pm