St. Louis Divorce & Family Law Attorney - The Betz Law Firm

St. Louis Divorce & Family Law Attorney - The Betz Law Firm

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Can I Get Divorced Without Going to Court?

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If you and your partner can easily reach decisions without conflict, you may choose mediation and avoid going to court for your divorce.

All divorces are financially and legally complicated. However, a divorce that goes to court can be costly. What determines whether or not a couple has to go before a judge is if they are reasonable and willing to compromise on important issues. This is known as an uncontested divorce, and there are many benefits to choosing this course.

Two Categories of Divorce

There are two categories of divorce – contested and uncontested. A contested divorce occurs when neither party can resolve the financial or child-related issues, and the decision-making must be left to a judge. In contrast, an uncontested divorce involves both parties working together to resolve all problems and compromise respectfully.

If you and your partner can easily reach decisions without conflict, you can avoid going to court for your divorce. An uncontested divorce has many benefits. First, they are far less expensive and can be accomplished more quickly. Also, because both parties can decide on the division of property and the time each will spend with the kids, they are likely to be more satisfied with the terms than they would if a judge had to make the ruling. One option is mediation.

What is Mediation?

When a couple decides to use a mediator, there is a process to ensure that the mediation is successful. Mediation allows the parties involved to focus on the underlying circumstances rather than narrow legal issues. Couples that choose mediation can reduce conflict, which is particularly important if children are involved.

When mediation is suitable for your situation, there are many benefits to choosing this forum. Settling disputes through mediation saves money and time and generally leaves the parties in a better state of mind.

Contact The Betz Law Firm

If you want to resolve your divorce without going to court, mediation may be right for you and your partner. If you need assistance learning more about the advantages of mediation or how the process works, contact The Betz Law Firm. Mediation is appropriate at any stage of a dispute and doesn’t require an underlying legal case. When used early in a dispute, mediation can help reduce conflict and keeps costs from escalating.

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

Contact Us Online
Apr 25, 2022 @ 8:05 pm

St. Louis Name Change Lawyers – Top Reasons People Change Their Name

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If you want to legally change your name, you do not have to go through the process alone, nor do you have to figure out all of the legal technicalities without help.

There are many reasons why a person would choose to change their name. Some people need to change their last name for legal reasons; others want to change their first name for personal reasons. It is legal to change your name unless it’s for fraudulent or deceptive purposes.

If you live in Missouri and need or want to change your name, contact The Betz Law Firm. We are experienced name change lawyers in St. Louis. Our firm has handled every type of name change situation, from divorce to a minor child’s legal adoption.

Top Reasons People Change Their Name

Some of the most common reasons people decide to change their name include:

  • Marriage – This is probably the most common reason someone decides to change their last name. They get married and want to take their husband’s surname. However, it’s not just the woman, some men want to take their wife’s surname.
  • Changing child’s last name – A mother may wish to change her child’s last name if the father is no longer in the picture. On the flip side, if a formerly absent father comes back into the picture, they may want to change their child’s last name.
  • Don’t like their birth name – Many people request a name change simply because they don’t like the name they were given at birth. They may prefer something more unique or less unique depending on the circumstances.
  • Divorce – If a woman took her husband’s name at marriage, she might decide to return to her maiden name when she is divorced.
  • Transgender or non-binary – Non-gender conforming individuals, such as transgender or non-binary, find that they wish to find a name that fits their identity.
  • Religious reasons – Some people choose to change their name because of a recent religious conversion or to honor a person’s religious deity.
  • Adoption – When a child is adopted by their step-father, for example, they may want to change their child’s surname.

The Name Change Process

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 considered.

Fortunately, you do not have to go through the process alone, nor do you have to figure out all of the legal technicalities without help. The Betz Law Firm is here to assist you with your petition to ensure there are no unforeseen hurdles during the process.

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

Contact Us Online
Apr 8, 2022 @ 8:08 pm

What is Family Law Mediation, and What Are the Advantages?

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For mediation to work in your situation, you and your spouse will eventually need to get on the same page about the terms of your divorce.

If you are involved in family law litigation, you may be required by the judge to attempt to mediate your case. If you and your spouse agree, you may choose mediation rather than go to court before a judge. But what is mediation, is it suitable for your situation, and what are the advantages?

What is Mediation?

Mediation is an alternative dispute resolution method that people can use instead of going to court in front of a judge. This process utilizes a third party, a mediator, to help two parties agree on matters relating to divorce, child custody, and other legal issues.

Sometimes a judge may refer the parties to mediation, and at other times, the parties may request the use of a mediator. Mediation gives divorcing couples a way to deal with issues that need to be resolved with the help of attorneys but without going to court. The mediation process is typically considered more prompt, inexpensive, and procedurally simple than formal litigation.

Advantages of Mediation

When mediation is suitable for your situation, there are many benefits to choosing this forum. Settling disputes through mediation saves money and time and generally leaves the parties in a better state of mind.

The advantages of choosing mediation include:

  • Greater control – Mediation increases the power the parties have over the resolution. Each party is directly involved in negotiating their agreement – no settlement can be imposed upon you.
  • Convenience – Mediation is a convenient way to settle a dispute. The meeting is arranged at a suitable venue. Each party has its own room and a separate room for joint sessions. The mediator talks to both parties together and privately and a settlement is reached.
  • Confidential– Court proceedings are public. However, mediation is private and entirely confidential.
  • Voluntary – Mediation is entirely voluntary. Either party can leave at any time.
  • Inexpensive – Mediation generally costs much less than trying to settle the matter in court. Traditional litigation can be costly, and the total cost is often unpredictable.
  • Procedurally straightforward – Going to court is typically complicated. More people are involved, more paperwork to process, etc. Mediation is, in comparison, much more uncomplicated.
  • Quicker – The process can be slow and time-consuming when going to court. When mediation is used early in a dispute, an agreement can generally be reached more quickly.
  • Support – Mediators are trained and experienced in difficult situations. You have his support as he is a neutral facilitator and helps each party through the process.

Contact The Betz Law Firm

If you need assistance learning more about the advantages of mediation or how the process works, contact The Betz Law Firm. Mediation is appropriate at any stage of a dispute and doesn’t require an underlying legal case. When used early in a dispute, mediation can help reduce conflict and keeps costs from escalating.

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

Contact Us Online
Mar 23, 2022 @ 6:50 pm

I Want to Get Remarried – Can I Relocate With My Kids?

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Difficulties arise when the custodial parent wants to move and the visitation commute would be challenging for the noncustodial parent.

Your divorce was complicated, emotions ran high, and it was challenging. However, now that time has passed, you may want to move on with your life, which may mean getting remarried. But what if your new partner lives in another state or another city? Can you relocate with your children?

At The Betz Law Firm, our team has been involved in relocation cases on both sides of the issue. If you can present a good reason why relocation is beneficial and necessary, we can help you build your argument.

Relocating with Kids After Divorce

After divorce, custody arrangements work well for the long term, especially when both parties live relatively close to each other. However, difficulties arise when the custodial parent wants to move, and the visitation commute would be challenging for the noncustodial parent. Relocating with your children is a difficult circumstance that requires court approval.

Relocation and Custody Rules

While most states mandate a certain geographical distance allowed by a custodial parent to move with their children, Missouri asserts that any move can only be made with the noncustodial parent’s consent, even if it is only a few minutes difference. The parent who maintains physical custody of the children must provide their co-parent in writing of any intent to move. Failing to do so could result in a contempt of court order for the parent.

It is in your best interest to help you draft such notifications to the noncustodial parent. The law in Missouri is evident that the intent to relocate must be sent to the parent in written form by registered or certified mail with a return receipt. There are very strict criteria for what the letter must state, including where you are moving to and why. It also must include any proposed changes to your parenting plan. This notice has to be given 60 days before you plan on moving.

Considering the Child’s Best Interest

Missouri’s custody statute factors help the court determine what is in the child’s best interest. If the custodial parent wants to move, there are additional factors for the court to consider. Some of these include:

  • Whether or not there are family members from either side that live near the new location
  • The quality of the schools in the new area
  • The reasons why the parent want to relocate
  • Opportunity for the custodial parent to get a better job or make more money
  • The ability of the noncustodial parent to still see the child after the move

The judge will weigh the possible benefits to the child against the downside of living farther away from the noncustodial parent. It’s necessary to note that both parents must abide by the original agreement before the judge approves the new arrangement.

St. Louis Relocation Attorney

Our team has been involved in relocation cases on both sides of the issue. If you can present a good reason why relocation is beneficial, we can help you build your argument. If you are a noncustodial parent fighting for your right to be an active part of your child’s life, we will be your advocate in court. In addition to the custody issues surrounding a relocation, we can assist parents with the logistics involved in a long-distance parenting relationship, such as plans for extended visitation during school holidays, travel plans and expenses, contact and adjustments to legal custody, and child support. Although challenging in Missouri, it is not unheard of for both parties to reach an agreement that looks after the interests of everyone involved.

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

Contact Us Online
Feb 28, 2022 @ 1:05 am

When You Divorce, Who Gets the House?

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Your home may be important to both of you personally and can make property division negotiations complicated and emotional.

When you divorce, who gets the house? This is one of the main questions a couple has when they divorce. This is because a home is generally a couple’s most significant asset and also often the one thing with the most emotional attachment.

If you were married for a long time, you and your spouse might have lived there many years, raising your children and building a life. This can make it challenging to let go of and assign value to. It may be important to both of you personally and can make property division negotiations complicated and emotional.

Here are some of the most common ways the family home is settled in a divorce:

  • Put the house up for sale – If neither you nor your spouse wants to stay in the home, or neither of you can afford to stay in the home, put it up for sale. Try to get the best possible price, and then the money from the sale can be evenly divided.
  • Buyout – A buyout is when one spouse releases their interest in the home in exchange for cash or the promise of money to be paid in the future. This is a typical scenario where the primary caregiver for the kids wants to stay in the house with them.
  • Co-Ownership – This is not a typical situation, but sometimes a sale or a buyout is not an option. Co-ownership needs to be clearly defined and legally determined. It will technically be set up as a business relationship.

When going through a divorce, there are so many questions. The process can seem overwhelming. However, we can help!

The Betz Law Firm Is Here to Help!

Are you in St Louis, Missouri, and looking to file for divorce? Contact the Betz law firm. Our experienced attorneys are here to help you navigate the decisions involving property division, child custody, and spousal support. Contact the Betz law firm today for a free initial 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

Contact Us Online
Feb 27, 2022 @ 5:31 pm

How to Move On Financially After Your Divorce

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It is essential to protect yourself emotionally and financially. Here are some suggestions for moving forward financially after your divorce.

After a couple divorces, they are often riddled with questions. How will you move on emotionally? When and how will you see the kids? Where are you going to live? How are you going to pay rent and other bills? Will your job give you a raise? How will our debt be divided?

In the beginning, it seems like there are so many questions but too few answers. Your divorce attorney can help you when it comes to decisions on child support and custody agreements, but you may also want to consult a financial expert. Not only is it essential to protect yourself emotionally, but also financially. Here are some suggestions for moving forward financially after your divorce.

Set a Budget

The first step to moving forward financially is to sit down and balance your income with your expenses. Figure out how much money is coming in each month from work, alimony, etc., and then look at what expenses you currently have going out.

It might be better to think of it as a plan rather than a budget. Knowing where your money is already being spent is essential. There will be new expenses you might not have thought about yet, so this is also the time to refrain from spending extra money.

Update Your Will and Beneficiaries

Another thing that should be at the top of your to-do list is to update your will and your beneficiaries. Your spouse was likely listed as your beneficiary during your marriage, but now that may not be correct.

A divorce does not automatically terminate your ex-spouse’s rights to your retirement plan, bank account, or life insurance policies. Therefore, you will need to submit a change of beneficiary form to each financial institution.

While updating your beneficiary designations, you can also easily edit your will. Your attorney can discuss your state’s laws regarding updates to your will, power of attorney, and advanced medical directives.

Plan for the Unexpected

When you were married, you could rely on your spouse’s income if you lost your job, faced a medical emergency, or had a significant unplanned expense. Now that you’re divorced, what will you do if something happens? You should create an emergency fund and add to it whenever possible to protect yourself. This will give you some peace of mind, helping your emotional well-being as well as your financial situation.

Work With a Financial Advisor

Your divorce attorney can help you with many decisions, but a financial advisor can help you sort through the financial complexities. Most financial mistakes individuals make after their divorce could have been prevented had they consulted with a financial professional.

The Betz Law Firm

Going through a divorce and then moving forward with your life is a difficult and challenging time. At The Betz Law Firm, we are committed to guiding our clients through the court process with the same level of professionalism that we would wish for our family members. We are aware of the trust our client’s place in us with their family’s future, and we strive to earn it.

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

Contact Us Online
Feb 27, 2022 @ 4:49 pm