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Covid-19 and Uncontested Divorce

October 14, 2020 by David Betz

What happens when you find yourself and your partner looking to seek a dissolution of marriage?

Covid-19 is, at least for now, a very real impediment to normal life. It affects our interactions with friends and family, our vacation plans, and of course, what services are available to the community. Congruently, and perhaps in contention, life still moves on. So, what happens when you find yourself and your partner looking to seek a dissolution of marriage?

First, it is important to understand that the courts are now moving at a much slower pace. Despite the court’s admirable and reasonable attempts to keep both staff and parties safe, they have also slowed the process. At this time, many of the courts will only hear cases telephonically or by Zoom. While this does protect all parties’ health, it also means that each matter must be afforded more time to connect and discuss any issues. As a result, The Law Betz Law Firm has seen a great increase in the amount of time it takes to resolve contentious divorces.

There is a silver lining. An uncontested divorce occurs when both parties agree on the basic terms of custody and division of property. By removing the need to debate in court, parties greatly reduce the amount of procedural time needed to execute a marriage’s dissolution. Further, all drafting and discussions can easily be held remotely. Remote work means that you and your loved ones are not exposed to potential infection. Finally, as with all things, time is money. Your family’s assets can be put towards other endeavors by reducing the time spent communicating with the courts and attorneys.

If you and your partner wish to discuss the process behind an uncontested divorce, then please contact your trusted St. Louis Betz attorney at the Law Firm for your 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

Oct 29, 2020 @ 6:37 pm

What To Do When There is Hostility Between Parties

October 8, 2020 by David Betz

If you believe you are dealing with a hostile spouse, contact a trusted St. Louis family law attorney to find out how best to approach your unique situation.

It is no secret that divorce is a high-tension period for everyone involved. Sometimes we snap and say something we wish could be taken back. However, what if this is not the exception, but the rule? What does one do when their spouse chooses to act in an openly hostile manner routinely? As with most divorce issues, it is best to consult with your trusted St. Louis family law attorney to find the best course of action.

Discuss Your Situation With Your Attorney

To begin, if you find yourself with a hostile spouse, consult with your attorney, as mentioned above. They will provide some perspective and instruct how you should document and interact with your spouse. During this time, stay composed. Feeding into negativity will only implicate yourself as part of the problem. If the judge sees this, it will not look good for you. As well, arguing can lead to greater expense, motions, and communication directed through your attorney will add to the long-term cost of your divorce.

Just as you staying composed will be looked favorably upon by the judge, so too will your spouse’s poor behavior cause them grief. When deciding what is in your child’s best interest, such combativeness may show your spouse’s unwillingness to work with you. Your attorney will likely use this against their case and to your advantage.

When we are hurt or insulted, it is natural to lash back out towards the one hurting us. Instead, take a moment, and allow yourself to consider the ramifications of engaging with such behavior. It will do you no good and only complicate your experience. Instead, document these interactions and keep a running conversation with your Missouri lawyer. If you believe you are dealing with a hostile spouse, contact a trusted St. Louis family law attorney to find out how best to approach your unique situation.

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

Oct 8, 2020 @ 7:13 pm

How to Change Your Name – For Transgender and Non-Binary People

September 18, 2020 by David Betz

By legally changing your name, you will no longer be required to use your “dead name” when signing contracts or other legal documents.

In previous articles, we discussed the process of getting a name change. However, we did not touch on the why. It is for many to return to their maiden name after a divorce or perhaps take the name of a beloved stepparent. However, there is one demographic that seeks a name change for affirmation.

Non-gender conforming individuals, such as transgender or non-binary, find that they wish to find a name that fits their identity. The good news, you do not need a petition for a name change to take on a new name. However, many find that their dead name’s repeated necessity for bank accounts, job applications, lease agreements, or loans brings with it a burden. This can feel like a chain dragging them backward after so much hard work to be true to themselves. This is where a legal name change may be helpful.

Benefits of Legally Changing Your Name

By legally changing your name, you will no longer be required to use your deadname when signing contracts or other legal documents. Bank accounts will now reflect the name your identity conforms with, not what was assigned to you at birth. While it may seem small, this can have an unimaginable positive impact on your day-to-day life.

How to Legally Change Your Name

Several requirements need to be completed before a person can petition to have their name changed. As part of the petition, specific requirements must be included to be taken into consideration. These include:

The petitioner’s current name and the name they would like to have it changed to
Why the name change is necessary
Proof of residency
The petitioner’s date and place of birth along with the name of both parents, including their mother’s maiden name
The name of the spouse of the petitioner is married, plus any children. Also, the ages and residence of the children will be required.
If this is a second name change, the name of the court which allowed the first, the place, and the date
Any liens pending against the petitioner or court orders involving money, the case number, and the name of the court in which the action is pending in
Proof that the legal name change will not harm any other person or persons

Contact The Betz Law Firm

If you are a non-binary or transgender individual and want to have your name reflect your identity, then contact the trusted St. Louis Law Firm at The Betz Law Firm today for your free 30-minute consultation. Our staff will help you with this important step along your path to gender affirmation.

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

Oct 29, 2020 @ 6:49 pm

What Does Uncontested Child Custody Mean?

September 2, 2020 by David Betz

With an uncontested divorce, all aspects of the divorce must be uncontested; this includes child custody.

When two people move forward with an uncontested divorce, they significantly reduce their emotional strain and financial burden. In addition, these move much more quickly and smoothly than typical divorce proceedings. However, if you are considering pursuing an uncontested divorce, you may have questions on how child custody will be handled.

Meaning of Uncontested Child Custody

When a couple decides on an uncontested divorce, it means that they agree on every matter and this includes child custody. Some of the main child custody matters include:

Legal custody – who makes important decisions for the child
Physical custody – where the child will live
Shared custody schedule
Visitation rights
Child support payments

If a couple entirely agrees on all of these matters, they can move forward with an uncontested divorce. If a couple cannot agree on child custody matters or any other issue, then an uncontested divorce is not possible. The couple could pursue arbitration or mediation to settle any differences, rather than going to court. Otherwise, the couple would be required to take their case to a judge.

Other Filings Are Required

Filing an uncontested divorce is always easier than dragging it through a divorce court. But when children are involved, it does take a little more time and work. There is additional paperwork when submitting for an uncontested divorce. This is to ensure that all matters concerning child custody and child support are handled appropriately.

You will be required to outline all of the details relating to the children’s living situation, and will likely need to provide your complete parenting plan in writing. You will also be required to calculate an agreeable amount for child support from the non-custodial parent. These additional filings need to be appropriately handled and filled out completely. Therefore, you will need help from your attorney to complete them, or at least review them before submitting it to the judge.

Benefits of Uncontested Child Custody

It is not just the parents who benefit from an uncontested divorce. It is far better for the children if their parents can handle and negotiate matters about their divorce maturely and calmly. During a divorce, children often feel as if they are trapped in the middle of an ongoing battle. When parents don’t fight, children don’t feel like they are picking sides, and a strong and healthy relationship with both parents can be maintained.

Uncontested Child Custody Lawyer

No matter how well you and your spouse agree on issues, it is still essential that you work with a lawyer when filing and negotiating your uncontested divorce. An experienced divorced attorney will ensure that your rights are protected and that all matters are appropriately handled.

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 18, 2020 @ 2:03 pm

After a Divorce: New Beginnings and New Problems

August 24, 2020 by David Betz

The court evaluates each case and must decide if the change in circumstance is long-term or likely to resolve itself.

We plan for life, we make a road map, and we walk that path hoping for a smooth journey. However, as the old adage goes, “Man plans, and God laughs.” Despite all your best efforts, sometimes life takes us on a detour that adversely affects our best efforts.

What was once a reasonable divorce settlement may now be untenable? What to do? An excellent first step is to contact your St. Louis family law attorney. They can review your case and tailor-fit their advice to your unique circumstances. One possible solution is to seek a modification of the judgment. This will recognize the change in your circumstances and reevaluate your previous agreement.

Modification of Judgment

The most common reason to seek a modification of judgment is the long-term loss of income. The court makes two distinctions to life changes to help determine if you can be granted a modified judgment. If you are simply inconvenienced by something that will resolve itself in the short-term, the courts will not grant a modified judgment. However, if they find that your circumstances are unlikely to change and have caused you to be unable to provide financially both for yourself and per your agreement, they may modify your judgment.

Modifications of judgment are not something taken lightly. The court evaluates each case and must decide if the change in circumstance is long-term or likely to resolve itself. However, maintenance and child support are not meant to be punishments. They are to ensure that all parties fulfill their obligations. If you cannot provide for yourself, you will be unable to provide for others as well. Likewise, this recognition that life changes occurred is not a release from your duties. You will still be required to make regular payments into maintenance or child support.

Contact The Betz Law Firm

Life can sometimes force us to take a road we would rather avoid. When this happens, it can throw our order into chaos. If you believe that you are facing a long-term change of circumstances, seek out your Missouri attorney and find out if a modification of judgment is right for you.

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 24, 2020 @ 2:41 pm

Who Gets the Wedding Rings After a Divorce?

August 17, 2020 by David Betz

If you are unaware of what protections are afforded to you, you could quickly sign away something valuable.

Before walking down the aisle, before all the planning, budgeting, rehearsals, sampling platters, picking colors, and the vast ocean of efforts that are now commonplace for marriage, there was the engagement ring—that first promise of forever. Unfortunately, forever sometimes is much shorter than we would hope.

Many fundamental issues take precedence during a divorce, but for some that engagement ring represents more than property, it becomes a symbol. This symbol can be positive or negative, but for either reason, there are times when one party wishes to be given back a gifted ring.

Determining Who Gets the Rings

This begs the question, “Who gets the ring?” Each state has a different opinion. Some take a conditional stance, concentrating on fault. Other states take on a no-fault position, much like their divorce proceedings at large, and base their judgment on case law.

In Missouri, an engagement ring is considered a pre-marital gift. As such, it does not fall under marital property and is recognized as the property of the receiving party. This is both a relief and a point of contention, depending on which side of the fence you sit. Either way, the courts in Missouri have divested themselves of this issue, and those worried their engagement ring may be up for grabs can breathe a sigh of relief.

Contact a St. Louis Divorce Attorney

This issue is rather straightforward, but you may have many more variables at play. Contact a trusted St. Louis family law attorney to know your rights. If you are unaware of what protections are afforded to you, you could quickly sign away something valuable. Be sure to consult with a Missouri attorney and protect what is essential in your life.

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 17, 2020 @ 3:59 pm