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St. Louis Divorce Attorney Explains Guardian ad Litem

November 19, 2016 by David Betz

You may have heard the term Guardian ad Litem used when talking about a divorce or child custody case, but you may be wondering what is means.

If you have talked with a friend who is currently involved in a divorce or child custody case in Missouri you may have heard them talk about a GAL, or Guardian ad Litem. However, you may have wondered what it means.

Whether your case is in Jefferson Count, St. Louis County, or elsewhere in Missouri, we hope this information is helpful.

What is a Guardian ad Litem?

A Guardian ad Litem is typically a lawyer who is engaged in the private practice of family law who gets appointed by the Judge to represent the “best interests” of the minor children in the case.

Lawyers who wish to do Guardian ad Litem work must complete specialized training of eight hours and continue that specialized training every year to maintain their certification. The specific requirements and obligations are set forth by Missouri Statute, RSMO 452.0423.

A Guardian ad Litem can be appointed by the probate courts as well, but in this article, we will discuss the appointments in the case of the family court, for example, when dealing with divorce, custody, paternity, father-child relationship cases, or child orders of protection.

When is a Guardian ad Litem Necessary?

In all cases where a party alleges in their pleadings that there is abuse or neglect of a child, Missouri Statute requires the appointment of a Guardian ad Litem. These are not pleasant things to talk about, however, if your child has been physically abused, or treated in a manner that threatens their emotional well being and physical development, a Guardian ad Litem must be appointed.

If you allege for any reason that your spouse or the mother or father of your child or children should have only supervised visitation, a Guardian ad Litem should be appointed. In paternity cases where the father is not listed on the birth certificate, a Guardian ad Litem is required. If these scenarios don’t apply, the appointment of a Guardian ad Litem is discretionary to the Judge.

In some cases, the lawyers or judges will want to appoint one because a Guardian ad Litem can be in the best position to get to the bottom of the facts in a case. A Guardian ad Litem can be authorized to speak with the minor child’s doctors, therapists, school counselors, etc. which can help the Judge have confidence in really understanding what is happening in the child’s life and what in fact should be done when determining custody.

Even though there may not be abuse, the court has to adhere to the “best interests” of the child standard, and in many cases, a Guardian ad Litem can bring clarity to a case and reassure the judge that he or she is making a ruling that is in the minor child’s best interest.

St. Louis Divorce and Family Law

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 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.

Feel free to contact our law firm to discuss your case today by calling (314) 801-8488 or by filling out our online contact form.

Jun 24, 2019 @ 5:51 pm

Marital Property and Separate Property in a Divorce

November 12, 2016 by David Betz

In a divorce, the things that were once called “ours” are divided into “his” and “hers.” This can be one of the more difficult parts of going through a divorce.

When filing for divorce in Missouri, no matter the county, St. Louis County, Jefferson County, etc. the law in Missouri on this matter is the same.

What is Marital Property?

Marital property is traditionally considered all property acquired by either spouse subsequent (from the date of marriage forward) to the marriage. This includes pretty much what you’d expect: Houses, Cars, Bank Accounts, 401 (k)’s, etc. It even covers items of personal property, like clothes, furniture, jewelry and more. You and your divorce lawyer will work together to create a comprehensive list of the property which will be incorporated into a document known as the Statement of Property.

What is the Purpose of the Statement of Property?

The Statement of Property essentially declares to the court what you assert, by a sworn affidavit, to be your comprehensive list of property both marital and separate. The court will rely on this document throughout the divorce proceedings. You and your lawyer will sometimes file new and updated versions as you obtain more current and relevant information about your property.

As regards marital property, there are some exceptions to the rules. The most common being that of property acquired by gift or inheritance. For instance, if you or your wife inherits money during your marriage when you get divorced, this will be presumed to be separate property. If you received a gift during the marriage, say an expensive painting, that painting, even though acquired during the marriage, will be considered separate property.

A less common way marital property would be exempted from being marital is when you have a valid written agreement (typically this means an ante-nuptial also known as a pre-nuptial agreement) that excludes the property. An example of this might be a pre-nuptial agreement that specifically states that rental income from a pre-marital, and therefore separate office building, is also separate property.

What is Separate Property?

Separate property is less nuanced. Separate property, or non-marital property, is basically that property which was acquired PRIOR to the marriage.

What does all this mean in the context of your divorce? The court is charged with setting apart to you and your spouse your non-marital property and the court is charged with dividing your marital property in a manner considered to be just. We also sometimes refer to this as a fair and equitable division.

A conscientious lawyer will work with you to help identify and classify the nature of your property. Don’t assume that all of his pension is marital, don’t assume a house (even though purchased prior to the marriage) is entirely separate, there are exceptions and believe it or not, competing legal theories.

Experienced St. Louis Divorce Lawyers

Hundreds of questions come to mind as the stark reality of divorce settles in. At The Betz Law Firm, our goal is to help you find the answers to those questions and to begin the next phase of your life with as much ease as possible.

Call us today at (314) 801-8488 or fill out our online contact form to request a free and private consultation. We are dedicated to providing our clients and their families with kind, personalized, and professional legal representation throughout the entire divorce process.

Jun 24, 2019 @ 5:19 pm

St. Louis Divorce Attorneys Explain Spousal Support

July 13, 2016 by David Betz

Formerly known as alimony, spousal support is a monthly monetary payment made by one partner to the other to assist with living expenses.

In the past spousal support or alimony, was provided for former wives by former husbands because the man was generally the breadwinner. Times have changed, now most marriages have both husband and wives as wage earners and women are less dependent. The tradition of women receiving spousal support is eroding. In fact, there are a rising number of cases of ex-wives paying alimony to ex-husbands.

Types of Spousal Support

There are a number of factors that are considered for whether or not a spouse receives spousal support. Missouri has no set formula in place to determine spousal support. Instead, a judge will take into consideration the earning ability of one spouse, the duration of the marriage, and the ability of one spouse to pay.

If you were in a long-term marriage and both spouses worked and had comparable incomes, then you are less likely to get alimony. However, in situations of long-term marriage where the wife was a stay-at-home mom, with no particular skill set, spousal support is more likely to be awarded.

The type of spousal support depends much on the financial position of the marriage. The four types include:

Temporary Spousal Support – this is given when the spouses are separated and not yet divorced. It may be given so that one spouse can maintain their lifestyle between the time the divorcing couple separates and actually divorces.
Rehabilitative Spousal Support – this type of support is paid so long as it is needed for the dependent spouse to become self-supporting. It is generally allotted for a fixed amount of time, such as to allow the spouse to find a job or finish school.
Permanent Spousal Support – this support is given until the death of the payer, death of the recipient or until the recipient remarries. The amount of permanent spousal support can be adjusted during the course that it is being paid.
Reimbursement Spousal Support – this is where one spouse reimburses the other for expenses that they had while married. For instance, if a working wife puts her husband through medical school, he may be ordered to pay reimbursement alimony to pay for the costs of medical school. It is paid until the amount is paid in full.

It is important to know that long-term marriage is one of more than ten years, but spousal support can possibly be obtained in shorter marriages.

How Spousal Support is Determined

Each divorce has its own unique set of circumstances. Therefore, a judge will have to consider a number of factors when deciding on whether spousal support should be awarded. Some of the things they will consider include:

The income of both spouses
Length of the marriage
Age of both parties and their health
Earning capacity and potential earning capacity
The need for one partner to go through school to be able to get a job
The ability of a spouse to become self-reliant in the future
Care of children or elderly parents
Tax consequences after divorce
Additional care for children, such as medical treatment
Possible loss of health care benefits
Any other factors presented as evidence

A Missouri family law judge is permitted to consider any factors he sees fit when contemplating a petition for spousal support. Our spousal support lawyers will go over your personal situation very carefully in order to ensure that the judge is informed of any and all information pertaining to your case.

Talk to an Experienced Spousal Support Lawyer

It can be difficult to prove the need for spousal support, and even more difficult if you are attempting to modify an existing spousal support order. By having our family law firm’s knowledge and experience in spousal support agreements by your side, your chances of achieving your deserved financial help will be increased.

Contact The Betz Law Firm today by calling (314) 801-8488 or fill out our online contact form.

Aug 2, 2019 @ 3:10 pm

St. Louis Family Law Attorney Discusses Contempt of Court

July 13, 2016 by David Betz

Contempt of court involves a spouse or parent disobeying a court order, an act that unfortunately our firm has much experience with.

Going through a divorce is often a complicated and difficult process. However, when a spouse or parent is in contempt of court, an already difficult situation may get even harder. Violation of custody and support agreements are taken very seriously in the state of Missouri.

If one parent violates the terms laid out in the agreement, he or she can be subject to punishment by the court. This could include but is not limited to, fines and jail time.

Contempt of Court and Child Support

The court system has many ways that it can enforce orders, but one of the most effective is the ability to hold a person in contempt. Being found in contempt can result in fines and jail time. However, in the case of child support, it must be shown that the party is able to pay or voluntarily put themselves in a position where they cannot pay.

Once a St. Louis court has accepted a child support agreement between a divorcing couple, the non-custodial parent is obligated to make the payments accordingly. If the parent fails to do so, they will be found in contempt of court and this is a punishable offense.

Before a contempt of court order is filed, there are other forms of enforcement our legal team can try. Some of these include:

Wage Deduction
Income Tax Refund Interception
Drivers License Restrictions
Passport Restrictions

Dealing with a parent that is violating their court orders is a sensitive issue that requires a clear understanding of how the law works so as to protect your rights and those of your children. It is important to seek out experienced St. Louis divorce attorneys when you are dealing with such a situation.

Contempt of Court and Child Custody

When a St. Louis court agrees to a custody arrangement, they are doing so with the best interests of the children involved. So, when a custody agreement is violated, it is particularly disturbing because it means that it is interfering with the children’s ability to spend quality time with the non-custodial parent.

There are a number of scenarios that can involve contempt of court and child custody. Some of these include:

Communication interference
Not allowing visitation
Not allowing visitation for non-payment of child support
Taking the child without the other parent knowing or giving permission
Not complying with a visitation schedule

Dealing with this situation can adversely affect the children that are involved. A qualified St. Louis Family Law Attorney will help ensure that you restore an arrangement that is in the best interest of your children.

Contact a St. Louis Family Law Lawyer

The Betz Law Firm takes the violation of child support and custody orders as seriously as the St. Louis family court system does. The orders were made to protect the children involved and provide them with the best environment, one that they can thrive in.

Contact us today by calling (314) 801-8488 or fill out our online contact form to request a free and private consultation. Our goal is not to put disobeying parents behind bars, but to get them to act responsibly and in the best interest of their children.

Aug 2, 2019 @ 3:55 pm

What is an Uncontested Divorce?

July 13, 2016 by David Betz

People often think that an uncontested divorce simply means a few signatures and the union is dissolved. But we can tell you that it is never that easy.

The definition of an uncontested divorce is that both spouses are in agreement on the major issues involved in the divorce. However, this does not mean that after a few signatures the union is dissolved. As experienced uncontested divorce attorney’s we can tell you that it is never that easy.

The Basics of an Uncontested Divorce

In order for a judge to consider an uncontested divorce, all of the marital issues that come up during divorce proceedings such as childcare and division of property will have to be resolved. We have been through hundreds of uncontested divorce petitions and they require a lot of paperwork. However, we handle most of it for you to ensure that there are no accidental errors that could lengthen the process.

Other marital issues may include:

Parenting plan – how parenting time and responsibilities will be shared
Amount and duration of child support
Alimony – the amount and duration of spousal support
Division of property
Division of any debt

Coming up with an acceptable parenting plan is the first hurdle for a divorcing couple in St. Louis that have children. The family law system in our state puts the needs and safety of children above anything else. To that end, they want to make sure that as parents, your decision to dissolve the marriage will have a minimal effect on the lives of your children. Joint physical and legal custody of the child is encouraged. Certain criteria must be met for a parenting plan to be accepted by a St. Louis court.

Once the judge sees that there is a detailed parenting plan, he will then want to see that the couple has reached an amicable agreement to the division of marital property and any debt that they may have. It is important to note that marital property includes all assets that were acquired during the course of the union. The only exceptions are gifts made by someone other than your spouse or an inheritance.

Finally, the petition for the provision of spousal support. Spousal support is not mandatory in St. Louis and so it is not a requirement for an uncontested divorce.

Because every divorce is different, an uncontested divorce may or may run smoothly. An uncontested divorce is more simple when the divorcing couple doesn’t have minor children and has few assets.

Contact a St. Louis Uncontested Divorce Lawyer

With the help of our firm, it is not unreasonable to expect an uncontested divorce petition to be granted in a relatively short period of time. If you and your spouse are able to work together and use our experience as a guide, we can file your paperwork for you, and hopefully, you and your spouse will be granted your dissolution of marriage without ever needing to enter a courtroom.

Call us today at (314) 801-8488 or fill out our online contact form to request a free and private consultation.

Aug 2, 2019 @ 3:20 pm

How Social Media is Affecting Marriage & Divorce

July 13, 2016 by David Betz

A recent study claims that there is a strong correlation between social media use and relationship stability.

There was a study conducted in the UK in 2012 that surveyed divorce lawyers to see if there was a connection between the use of social media and divorce. According to the survey, an estimated 1 in 3 divorces was the result of disagreements related to social media. Another British survey revealed that 1 in 7 thought about divorce due to their spouse’s questionable activity on sites like Facebook and Snapchat.

Additionally, a 2010 survey by the American Academy of Matrimonial Lawyers (AAML) found that 1 in 5 lawyers use evidence obtained from social media sites in cases of divorce. In the last six years, that number is sure to have risen.

How to Protect Yourself

Keeping open lines of communication between you and your spouse concerning the dangers of social media in a relationship is one thing you could do. However, if it’s already too late, you can try to minimize the damage.

The thing is, divorce lawyers often use social media postings as evidence in divorce cases. For instance, photos and posts depicting the spouse drinking too much, using drugs, or other types of reckless behavior, may affect that person’s interests when it comes to getting things like alimony and child custody.

It is a good idea to think about the consequences of what you post first. Censor what you post and if others post embarrassing comments or photos of you, simply delete them and ask your friends to remove the post.

Contact a St. Louis Divorce Lawyer

If you are already facing a divorce and/or child custody dispute, it is imperative that you contact a St. Louis divorce attorney. At The Betz Law Firm, we have become experts at dealing with the issues that can arise in the modern world of social media.

As a firm, our goal is to help you find the answers to your questions and to begin the next phase of your life with as much ease as possible. We are dedicated to providing our clients and their families with kind, personalized, and professional legal representation throughout the entire divorce process.

Call us today at (314) 801-8488 or fill out our online contact form to request a free and private consultation.

Oct 30, 2020 @ 2:03 pm