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Do I Need a Lawyer to Change My Name in Missouri?

August 16, 2021 by David Betz

From start to finish, your name change attorney will provide you with all the necessary help and information you need to change your name successfully.

If you live in Missouri and want to change your legal name, do you need the help of a lawyer? The answer to this question depends on how you look at it. The short answer is no; the law doesn’t require you to have a lawyer to change your name. However, most people don’t realize that the process to change a name involves a court process. It’s not just a matter of filling out a form and having it done.

At The Betz Law Firm, we have handled every type of name change situation, from divorce to a minor child’s legal adoption. In some instances, a name change petition may be part of a larger family law matter, such as with a divorce. Non-gender conforming individuals, such as transgender or non-binary, may wish to change their name to fit their identity.

Petition for Change of Name

If you are 18 years of age or older and want to change your name, you must file a Petition for Change of Name. The petition must state important information required by the law for a name change to be approved and granted. The petition must describe who you are, where you live, why you want to change your name, and whether or not the change is being made in good faith.

Reasons to Hire a Name Change Lawyer

An attorney can help you with the entire process, from drafting the petition, reviewing it, and then filing it. They will also appear in court at the hearing, where the court allows a lawyer to help with handling specific tasks.

From start to finish, your name change attorney will provide you with all the necessary help and information you need to change your name successfully. They will provide you with the correct documents and perform the necessary background checks. Having an attorney will give you peace of mind knowing that the process is being handled correctly. They will ensure that the entire process will run smoothly.

The majority of name change petitions are approved. However, a judge may deny your request if your petition is incomplete or it fails to provide all of the information required by law. If the judge thinks your petition is not in good faith, it will be denied. An example of this is if you are changing your name to avoid creditors.

Your name change lawyer will help you overcome these hurdles and will likely help you avoid them altogether.

Missouri Name Change Lawyer

Changing your name is a multi-step process involving paperwork and court procedures. Allow our team of professional name change attorneys to assist you with your petition to ensure that 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

Aug 16, 2021 @ 5:37 pm

Dividing Marital Debt After Divorce – What You Should Know

August 9, 2021 by David Betz

If you have any marital debt, it’s generally up to you, your soon-to-be-ex, and your divorce attorney to develop a debt-division formula.

Divorce is typically complicated on its own, and throwing the division of debt into the mix only adds to the complexity of the process. The fact that marital debt doesn’t disappear after a divorce naturally leads to the question, how is marital debt treated after divorce?

What Is Considered Marital Debt?

Generally, marital debt, also commonly referred to as matrimonial debt, conjugal debt, or “community” debt, is incurred by one or both spouses. This applies to any loans or debts acquired during the marriage, including car loans, mortgages, medical bills, or utilities.

Any debt incurred before the marriage date falls under “separate debt,” as long as the loan or debt was never used to benefit both spouses.

How Will Your Divorce Affect the Credit or Debt Agreement?

Your lender shares no part of your divorce agreements, so the original credit or debt agreement will remain unchanged. From the lender’s and legal’s point of view, you and your spouse remain equally responsible for the loan or debt, including late fees and collection costs.

The lender has the right to pursue both of you when the loan payment is due. And if you and your former spouse fail to meet your loan obligation, the lender may resort — (with the court’s permission) — to asset seizure or wage garnishment.

How Is Marital Debt Divided?

If you have any marital debt, it’s generally up to you, your soon-to-be-ex, and your divorce attorneys to develop a debt-division formula. Should you and your ex disagree, the case will have to go to trial, where a judge decides which spouse is responsible for which debt.

How do Missouri family courts split up marital debt? Missouri courts subject conjugal debts to equitable distribution. This means the debt will be distributed fairly but not necessarily equally. Again, having a lawyer by your side can help protect your rights, interests and can help you get a favorable ruling.

I Asked the Lender to Take My Name off the Debt Agreement: Am I Still Liable?

Yes, you’re still liable. Taking your name off the debt agreement only affects your liability for new charges. You can still be held liable for the original debt you and your former spouse owed.

Am I Liable for the Debt if My Name Was Not on the Debt Agreement?

If your spouse can provide sufficient proof that the debt was used to benefit the marriage, then you are still responsible for the underlying debt even if your name is not on the credit or debt agreement.

When Can Business Debt Be Considered Marital Debt?

There are situations in which a business debt could be considered marital debt:

If your partner acquired a business loan through a sole proprietorship, the business loan could qualify as marital debt if used to benefit the marriage.
If you and your spouse co-signed on the business loan.

Contact a Divorce Attorney

Debt division is a headache for divorcing couples worldwide. Fortunately, you can hire a reputable divorce attorney to help you negotiate a fair debt-division agreement.

If you’re in Missouri and planning to divorce, contact Betz Law Firm. Our attorneys will help guide you through the divorce process and ensure your rights and interests are protected.

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 9, 2021 @ 2:06 pm

Can the Length of Your Marriage Impact Your Divorce Outcome?

July 27, 2021 by David Betz

Did you know that Missouri courts sometimes consider the length of the marriage when deciding divorce cases?

When evaluating factors that could influence the outcome of your divorce case, you may overlook the length of your marriage. But did you know that Missouri courts sometimes consider the length of the marriage when deciding divorce cases?

The Length of Your Marriage and Marital Property Division

Missouri courts use a standard that gives “equitable distribution” the highest priority when deciding marital property matters. This means most marital properties and assets are generally divided on a 50/50 basis. But the property distribution rules may change if you have been married for a long time. In “long duration” marriages, one spouse may end up getting more than the other — as long as the distribution is fair and reasonable.

Here are the different durations and how they can affect a property division outcome:

Long-Term Marriages: Over 10 Years – In marriages that have lasted for over ten years, it is assumed one partner might have depended on the other for financial support. In such proceedings, the court may give the spouse with the lower income a bigger portion of the marital property to place them on the same financial level as the other spouse. Also, the higher percentage is meant to make sure both partners have a matched living standards after divorce.
Short-Term Marriage: Less Than 5 Years – The court may divide marital property disproportionately based on income disparity to ensure both spouses are left on the same financial level.
Short-Term Marriage: Less Than 5 Years – The court may order equitable distribution of marital property, especially when both partners were earning an income.

Note: Every divorce case is different, so don’t assume that your case will wind up like other divorce cases. Also, don’t assume the length of your marriage will be a primary consideration in court. The court may use other factors when deciding your case. Your best option is to seek the help of an experienced divorce attorney to help you fight for your rights and protect your interests.

The Duration of Your Marriage and Alimony

Aside from income disparity, the judge may also consider the duration of marriage when determining alimony. For instance, if your marriage has lasted well over ten years, the court may order the spouse with more income to pay alimony to the spouse with less income for a longer amount of time. Generally, longer marriages are awarded longer alimony periods.

Contact The Betz Law Firm

If you’re looking to file for divorce, The Betz Law Firm is here to help. 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 our client’s trust in us with the future of their family, and we strive daily 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

Aug 2, 2021 @ 4:51 pm

Back to School Co-Parenting Tips

July 20, 2021 by David Betz

Going back to school is a big deal for any child each year. For you, as co-parents, it’s also a stressful time, and it takes some organizing to get through it successfully.

Life after divorce is often complicated, especially in the beginning. Life with minor children will be even more complicated when trying to figure out all the co-parenting details. Whether you went through your divorce recently or a few years back, it’s still a bit unclear how to better split the time with your kids and how to communicate with your ex-spouse about certain important topics.

Going back to school is a big deal for any child each year. For you, as co-parents, it’s also a stressful time, and it takes some organizing to get through it successfully.

Don’t Exclude the Other Parent from This Event

Even if you have a ton of resentment towards your ex-spouse, your child’s school events must not be affected by them. Your kid still loves both of his parents, and it might really hurt them if you were to exclude the other parent from all the events and activities for going back to school.

Co-parenting is all about being civil and collaborating for the best interest of your child. No parent should consider education as being less than a top priority in the life of their children.

Split Responsibilities and Make It Clear Beforehand

When going back to school, there are a lot of preparations and decisions to make. It’s time to talk to your ex-spouse about them and split the responsibilities between both of you so that no one gets overwhelmed by the number of tasks. You will have to think ahead of everything that will need to be done by you during the school year and who exactly will get to do what.

Make arrangements about emergency pick-up from school, teacher-parent meetings, school supply expenses, extra-curricular activities, etc. All these things should be known from the beginning to avoid conflicts later on the road.

Split Expenses like School Supplies and Other Costs

Even if one of you has custody of your children and the other has visitation rights and pays child support, school supplies should be shared between you. Or you can make an arrangement that works best for you, depending on your case. The important thing is that you lay this issue on the table as early a possible to make sure everything will be paid for and there won’t be any conflict between you because of this.

Share Information All the Time

The key to a happy child when the parents divorce is that you communicate well and collaborate for the greater good: your child’s wellness. Exchange all the important information with your ex-spouse, keep them in the loop and help them be involved.

These tips will not only improve your child’s experience when going back to school, but they will help you and your ex build an effective, mature and responsible co-parenting relationship you will be proud of in the long term. Make sure to follow the court orders first of all, then collaborate for the best results.

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 2, 2021 @ 4:00 pm

What Happens if My Ex-Spouse is in Contempt of Court?

July 7, 2021 by David Betz

If you feel that your ex is intentionally violating a court order and need help with proceeding, we can help!

Going through a divorce is hard enough mentally and emotionally. But when your ex is failing to comply with the terms of your divorce ruling, it makes it all the more stressful and challenging.

If your ex-spouse has failed to comply with a court order, you can seek relief from the court by filing a motion to hold your ex in contempt. Therefore, if you feel that your ex is intentionally violating a court order and need help with proceeding, contact The Betz Law Firm.

What Does Being in Contempt of Court Mean?

A person can be held in contempt of court for many different reasons. Examples include refusing to turn over subpoenaed evidence, refusing to pay court-ordered child support, or improperly communicating with jurors outside the courtroom.

The term “contempt” refers to any offense where a person is disobedient to or disrespectful toward a court of law or interferes with its orderly process.

Holding another party in contempt is a powerful tool to help individuals hold their ex-spouse accountable for violating a court-ordered divorce ruling. A contempt of court is essentially an action taken when the other party violates the terms set out by the court.

Reasons Your Ex-Spouse May Be in Contempt

During or after a divorce, contempt occurs when one party isn’t abiding by the terms of the divorce decree. A motion for contempt of court can be filed any time after your ex violates the court order in question. Some of the most common reasons for holding a person in contempt include:

Failure to pay child support
Late child support payments
Failure to pay spousal support
Failure to comply with property division ruling
Violating child custody agreements

Keep in mind that if you file a motion for contempt, the burden of proof is on you. This means that you will have to prove that your ex is in violation of a court order. For this reason, it is essential to have legal representation from an experienced divorce attorney during this process.

At The Betz Law Firm, we will handle filing the motion, arranging to have the motion served to your ex-spouse, and will help you build a strong case that the violation occurred.

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

Jul 27, 2021 @ 3:26 pm

Paternity Law and Your Rights – Reasons to Seek a Paternity Lawyer

July 2, 2021 by David Betz

There are several misconceptions concerning the father’s rights, which often leads to requiring the assistance of a paternity lawyer.

In St. Louis, proving and disproving paternity law issues are often sought when a child is born out of wedlock. There are several misconceptions concerning the father’s rights, which often leads to requiring the assistance of a paternity lawyer.

There are many reasons why you may want or need the help of a paternity lawyer. You may want to understand the father’s rights or paternal grandparent’s rights after establishing paternity. In addition, you may want a legal paternity test or a lawyer for DNA testing to determine the biological father, confirm a timeshare plan and child support, or decide parental responsibility.

If you need an experienced and knowledgeable child paternity lawyer in St. Louis, call The Betz Law Firm at (314) 801-8488.

Establishing the Matter of Paternity

To establish or disestablish paternity, it is necessary to file paperwork required by paternity law. In some cases, DNA testing through a blood test is required, or a legal paternity test is needed before acknowledging paternity. In these situations, most people seek the counsel of a paternity lawyer. It is not uncommon for mediation to be required before the parties can appear before the court. The parties may agree to settle the issues, which would result in a paternity settlement agreement and parenting plan. If the parties cannot agree, the court will hear the case to determine the final hearing outcome.

Reasons to Seek a Paternity Lawyer

Even if you are not listed on the child’s birth certificate, you have rights regarding your child as a father. Allow us to help you establish your paternity to enforce your right to spend time with your biological child. Only after paternity has been established will a St. Louis family court judge hears your petition for visitation and custody. We can help you not only obtain the order for a paternity test but help file the paperwork needed for a visitation petition.

Contact a Paternity Lawyer in St. Louis

Whether you are a single mother seeking financial support from the biological father or the dad trying to get to know their child, our team of experienced paternity lawyers can help you through every stage of the process. We recognize that this is often a delicate situation between the parents and will work diligently to ensure that the child’s needs are met first and foremost. Contact us today to schedule a 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

Jul 2, 2021 @ 4:37 pm