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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.

Feb 25, 2019 @ 7:22 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

Can You Obtain Spousal Support Before a Divorce Concludes?

February 18, 2019 by David Betz

This compensation is known as temporary support, and it is very common in divorce proceedings.

In this article, we will outline some spousal support basics, help you understand how you may obtain temporary compensation, and explain what will happen to it when your divorce concludes.

Spousal Support Eligibility and Calculation

The first issue you need to worry about is whether or not you are eligible for spousal support. If not, you have very little chance of obtaining the temporary support. The following factors will generally determine your eligibility and the amount of support you will receive.

Current Income – Having a much lower income than your spouse will generally help you obtain and raise your potential benefits. If you have no income at all, the odds of you obtaining temporary spousal support will be good.
Need For Support – If you have little or no income, you could be in danger of running out of money. This factor will help you get temporary support, as the legal system wants to protect those in need.
Ability to Pay – How feasible it is for your spouse to compensate you plays a role as well. As you might imagine, you won’t receive much help if your ex cannot come up with any money.
Health – Sometimes, health plays a role in this issue. The reason is that people with lessened physical capabilities have a tougher time finding work. While a healthy person might get less compensation, someone in a worse state will generally get more.
Employability – Lastly, we have employability, which is a measure of how easy it is for you to get a new job. If you sacrificed your career during your marriage, this metric should get you more support.

Obtaining Temporary Support

Fortunately, obtaining temporary support is a relatively straightforward process. There are two ways in which you might do so. The first is by simply asking your spouse. Because these deals are commonplace, there is a good chance that your ex’s legal team will agree to pay a fair amount. The other method is going to a family court. While you might want to resolve your divorce without the help of a judge, you can utilize one to get temporary support during the process. Either way, your St. Louis divorce lawyer will generally do most of the logistical work for you.

What Will Happen When the Divorce is Finalized

The reason it is called temporary support is that it does not last forever. When your divorce is finalized, those payments will stop coming in. That being said, you and your lawyer will likely negotiate permanent support, which lasts much longer. The value of those benefits may differ from the original amount but will likely be similar.

Temporary spousal support is one of the many issues that complicate the process of splitting with your spouse. Whether you’re the one receiving it or paying it, your best bet is speaking with an experienced St. Louis family law attorney. Doing so will give you a legal expert and skilled negotiator to fight on your behalf and help you get a favorable outcome. Give The Betz Law Firm a call today at (314) 801-8488.

Feb 18, 2019 @ 3:51 am

Why You Need to Be Proactive During Your Divorce

February 8, 2019 by David Betz

During a divorce, it is important to remember that you do have some level of control over the situation, and can influence the results in your favor.

Getting a divorce is one of the most emotionally taxing things you can go through. While a natural response to this type of trauma may be to shrink back and do as little as possible, it is in your best interest to take a proactive role in the process. Here’s why.

Increasing Your Feelings of Control

One of the best aspects of being proactive in your divorce is feeling like you have some level of control over the situation. Often, people feel powerless during legal proceedings because they do not understand that world very well. Still, a lack of knowledge about the law should not keep you from taking an active role. Doing so will keep you in the loop, allows you to make informed decisions, and will give you a sense of control.

Informing Your Lawyer

Your family law attorney will be crucial throughout your divorce. This is because you need a professional to navigate you through the often complicated process of splitting from your partner. While attorneys know the nuts and bolts aspects of divorce through in through, they cannot read minds. The result is that you must discuss with them what your priorities are. A typical example of where this idea is important is choosing when to negotiate further and when to settle. You might have more or less patience for a lengthy divorce, so your lawyer must know that before proceeding.

Preparing Your Children

As hard as your divorce is for you, it will likely be even more difficult for your children. The reason is that they have less life experience and may not be able to handle their emotions as well as adults. As a result, it is your responsibility to communicate with them and assure them that everything is going to be okay. Parents that shrink back in these situations will do their children a disservice and possibly damage the relationship going forward.

Not Making Critical Mistakes

An excellent strategy during a divorce is making an itemized list of every asset you share with your partner and obtaining documentation to back it up. An inactive divorce participant will leave this task up to somebody else and might end up losing a significant amount of assets in the process.

Getting a Better Deal

The ultimate result of you communicating your lawyer and minimizing mistakes is a better deal for you. The reason this outcome is so important is that your divorce terms will likely last for years or decades. A time scale like that means the stakes are incredibly high, so getting the best possible deal is crucial.

We hope that this article has motivated you to be more involved in your divorce. Choosing the right St. Louis divorce lawyer is incredibly important, but it isn’t everything. Remember, you play a crucial role too, and can significantly impact the result of your split. Remember that you do have some level of control over the situation, and can influence the results in your favor.

Speak with an experienced St. Louis Divorce Attorney at The Betz Law Firm :: Call (314) 801-8488

Feb 8, 2019 @ 4:48 pm

Can My Ex-Spouse Move Away With Our Children?

January 31, 2019 by David Betz

In most cases, your ex cannot relocate with your children without your consent.

One of the worst parts about getting a divorce is seeing your children less. For those of you without custody, it can be even worse. Perhaps the worst outcome of all is your ex wanting to move away with your children. Luckily, with the help of a St. Louis divorce attorney, that shouldn’t happen.

The Distance of the Move

Many states have a range in which one spouse can move the children without giving notice. A typical amount is 50-100 miles. Missouri is different in that your spouse won’t be able to relocate at all without notifying you, even if that means going just down the street. While strict, this provision allows you to know where your children will be living at all times.

Who Has Custody?

The custody arrangement is another factor that affects whether or not your ex can move. If you have partial custody over your children, there is very little chance that your ex will be able to take them somewhere else. Even if you don’t, and only have regular visits, there is a good chance that this is the case.

Giving Notice

Depending on the circumstances, your ex must give you formal notice before moving. What this means is that a phone call or a casual letter does not suffice. Instead, it must be an official legal document. This file should include the proposed destination, the reason for the move, and a visitation plan. Additionally, it must be filed at least 60 days before the move date.

Relocation Trials

You will have 30 days to object to the move after your ex proposes it to you. After doing so, you could end up having a relocation trial. The court treats staying in the same location as the norm, so your ex’s legal team will be the one that has to argue for the move. Essentially, they must prove that the relocation is in the children’s best interest, rather than an attempt at revenge against you.

There are no precise rules for these situations, so judges make different decisions for every case. The primary factors involved will be:

the distance of the move
your custody arrangement
the motivations of both parties
what is best for the children

Contact a St. Louis Family Lawyer

If your ex is trying to relocate with your children, you no doubt want to understand your legal rights. At The Betz Law Firm, our 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.

Contact The Betz Law Firm today for a free 30 minute phone consultation by calling (314) 801-8488 or by filling out our online contact form.

Feb 25, 2019 @ 7:22 pm

5 Reasons to Consider Living Separately from Your Spouse During Your Divorce

January 17, 2019 by David Betz

One of the decisions couples need to make when getting a divorce is whether or not they want to live separately during the process.

While living separately during a divorce may seem necessary to some, a significant portion of couples do not, with the most common factors being saving money and giving continuity to their children’s lives. However, here is why living separately may be the right solution for you.

Your Emotional State

When two people decide it is time to get divorced, they often do so after years of negative emotions. What happens is that they reach a breaking point, and at least one person cannot go on with the relationship. If this description matches your mindset, it may be toxic to stay in the same space as your partner. The better move for your emotional state may be to have one person leave the situation and allow for healing.

It Might Be Better For the Children

One of the typical justifications for why people stay is so that their children still have two parents in the house. While noble, this approach often backfires. The reason is that couples who are on the brink of divorce often don’t get along. As a result, their children hear their arguments and tend to understand what is going on beneath the surface. This effect can have worse consequences than one parent moving out.

One Person is Likely Leaving at Some Point

If you’re getting a divorce, you and your partner will generally separate at some point. That can be early in the process or later in it, but in most cases it will happen at some point. What you might decide as a result of this truth is that you should make the switch as soon as possible. Staying is delaying the inevitable, which can have emotional consequences.

Building a Better Future

People who are in negative relationships often find that they can spread their wings and develop an incredible amount once they separate for their spouses. Whether that means seeing other people, trying new activities, or reconnecting with old friends, living with your current partner may hamper the process of moving on.

There is a Reason Why You’re Separating

Some couples protest to all of these reasons with legitimate points of their own. Typical points include them being civil with each other, not fighting at all in front of their children, and even planning to live together after the divorce is finalized. If that is the case for you, it may be time to revisit why you’re separating in the first place. If it isn’t, then perhaps some distance is a good thing.

One of the things St. Louis family law attorneys often see is couples attempting to live together during the splitting process. While this arrangement can work for some, it is often a bad idea for everyone involved. We hope that, whatever your decision is, it will lead to a happier and brighter future for both you and your family.

At The Betz Law Firm, we are committed to getting our clients the results they deserve and are able to apply our substantial experience in family law to that end. Give us a call today at (314) 801-8488.

Jan 17, 2019 @ 12:40 am