divorce lawyer

How Long Is My Divorce Going to Take?

April 22, 2019 by David Betz

The divorce process is not the same for everyone. Each couple has its story and a variety of factors can influence the development of the divorce.

If you want to anticipate how long this process is going to take, at least to a certain extent, it is best to discuss the specifics of your case with an experienced St. Louis divorce attorney. They can help you understand the factors that can influence its duration and how to prepare for each step. Here are a few general factors that may effect the duration of your divorce:

The Waiting Period Imposed by the State

According to the Missouri law, there is a minimum of 30 days from filing the petition until the divorce can be pronounced.

The judges can make an exception about the waiting time if the circumstances require it. However, it’s generally only for events that cannot be controlled by the spouse, such as birth or deployment.

How Well You Get along with Your Spouse

It may sound ironic, but your divorce will happen faster if you actually get along with your spouse. Of course, that implies a mutual desire to separate, but also the ability to compromise and agree on the small things in the process.

The fastest divorces happen when you actually settle on a signed agreement, making the division of assets or the custody arrangements simpler for everyone.

The Number of Assets That You Must Divide

It’s only natural to expect your divorce to take longer if you had a lot of properties and goods as a married couple. The court must now register, evaluate them and decide what goes where.

Things can get even more complicated if you have a family business together as the evaluation of its value must be done over a long period of time.

Whether or Not You Have Children

One of the most delicate, important and disputed parts of a divorce is dealing with the custody of the children, child support payments and parent rights. The divorce can be over quite quickly if you don’t have children.

If you and your spouse have different ideas about where the children should live, your divorce won’t be pronounced until the custody issue is solved through witnesses, evidence, evaluations, testimonies, and so on.

The Presence of Both Spouses in the Same State

If both of you live and work in the same state, then the divorce process will be over sooner than expected. Filing for divorce when your spouse or yourself have relocated to a different state, on the other hand, will affect its duration significantly.

St. Louis Divorce Attorney

A lot of things can influence the duration of your divorce. So much so that it can be over in a few short weeks or extend for years on end. Working with a good St. Louis divorce attorney will help you navigate all the legal intricacies and speed up the process.

Give us a call today at (314) 801-8488

Apr 22, 2019 @ 8:41 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

5 Steps to Take After Your Divorce is Finalized

December 15, 2018 by David Betz

As satisfying as it is for you and your divorce lawyer to finalize your split, there are a few more matters that you should take care of.

If your divorce is finalized, or close to it, that is something to celebrate. As painful as your split may be, it is always better to have closure and not have to deal with stressful legal proceedings. Still, you have a few more tasks to carry out once your divorce is final.

Review Your Divorce Decree

Divorce decrees are documents that courts give to couples that split up. What they do is summarize the conclusion of the case, make the divorce official, and give each party a list of things to do. When you obtain this piece of information, you should read it over multiple times to make sure everything makes sense to you. Then, you can complete any pressing tasks on it. More likely, the decree will have general information that doesn’t need your immediate attention.

Change Your Name

If you took your spouse’s name in your marriage, there is a good chance that you’ll want to change it back. Fortunately, doing so is relatively straightforward. Once you do, you can check that the change went through with various institutions like banks, utility companies, the DMV, and voter registration.

Take Stock of Your Finances

No matter which side of a divorce you’re on, your financial situation will change. For a families’ primary earner, that might mean paying alimony and child support. The flipside is true too, as you may end up receiving checks every month. Either way, you need to take stock of your financial situation and likely make some tweaks to it. Some of the more essential matters include sending payments on time, budgeting correctly, and still contributing to retirement accounts.

Resolving Shared Accounts

When you’re married, you share almost everything. That includes bank accounts, retirement savings, deeds, and insurance. Splitting each of these accounts requires some time and effort to do correctly. Additionally, you might share less significant things like a Netflix subscription or email. You should split those as well, though they are less pressing issues.

Understand Your Tax Situation

Child support and alimony lead to a lot of money changing hands. It is essential to know what the tax implications of those transfers are. We recommend talking to a tax specialist, who will make sure you comply with government laws and help you save as much money as possible.

As satisfying as it is for you and your St. Louis divorce lawyer to finalize your split, there are a few more matters that you must take care of before moving on from the situation. The most important of them include reviewing your divorce decree, changing your name, taking stock of your finances, splitting shared accounts, and understanding your tax situation. Once you finish those tasks, you can fully move on from your divorce and build a promising future.

Dec 15, 2018 @ 12:25 am

Should You Ever Change Lawyers Mid-Divorce?

September 27, 2018 by David Betz

Unfortunately, changing lawyers mid-divorce is, at times, a difficult task, and should only be done under certain circumstances.

If you talk to somebody who has been through a divorce, they will probably have a long list of complaints about the process. That could include a disagreeable spouse, the nature of the law, or any number of other common grievances. One frustration that they might mention is the poor quality of their legal provider. They may even say that they wish they’d switched lawyers before the divorce was finished. Unfortunately, changing lawyers mid-divorce is, at times, a difficult task, and should only be done under certain circumstances.

Realize the Potential Headache That Comes With It

After you find and hire a St. Louis divorce attorney, they will start to get familiar with your case. That will include talking to you extensively, looking through your financial documents, negotiating with your spouse’s legal team, and carrying out a multitude of other time-consuming functions. After all of that, they will be thoroughly entrenched in your case and, hopefully, be ready to fight for you effectively. If you decide that this lawyer is not right for you, that process must start over. You will need to hire a new provider and have them familiarize themselves with the entire case before you can proceed. Not only could this set you back weeks or months, it may be a complicated process to navigate.

Identify Exactly Why You’re Frustrated

The first thing you need to do before deciding whether or not you want to hire a new lawyer is to identify why you’re frustrated. The reason for doing so is that you might discover that your feelings are coming from factors that are outside of your lawyer’s control.

Cases Where You Might Want To Change Lawyers

Generally, you will want to consider changing lawyers if your frustrations are directly related to that legal provider. A few common culprits are them not returning your calls, not adhering to deadlines, being unpleasant towards you, or having a general lack of organization. Essentially, the cases in which you may want to move on are when your lawyer is rude or incompetent.

Cases Where You Might Not

The other side of the coin is when your frustrations are not related to your lawyer. One example of this could be your spouse being extremely difficult to work with, and as a result, you not getting what you want in your case. This is an issue that isn’t necessarily based on the quality of your lawyer, so switching providers is likely unwise.

Now that you understand what you need to consider before switching lawyers mid-divorce, you can make that decision with confidence. If you find that your frustrations are out of your attorney’s control, you likely want to stick with them. On the other hand, if they are the source of your issues, you should strongly consider finding a new St. Louis divorce lawyer. If that is the case, you should look back at your original hire and identify any areas where you may have made a mistake. If you do, you can avoid making it again when you hire your new attorney. The result of this careful process will be finding the best lawyer to represent you.

Call The Betz Law Firm 24/7 :: (314) 801-8488

Sep 27, 2018 @ 7:47 pm

6 Experts You May Hire During Your Divorce

September 5, 2018 by David Betz

Aside from your attorney, there are quite a few professionals that could potentially play an important role in your divorce.

Most people understand that going about their divorce alone is a bad idea. As a result they will typical reach out to an experienced divorce attorney. However, aside from your attorney, there are quite a few professionals that could potentially play an important role in your divorce.

CPA

A CPA (certified public accountant) plays the role of sorting through you and your spouse’s shared finances. This results in you getting an accurate idea of how much money and assets you share. The primary documents that they use are tax returns, loan agreements, and mortgages. This type of expert is especially crucial in the case of one party being self-employed. The reason is that self-employment leads to a more complicated financial situation.

Forensic Accountant

While a CPA is sufficient for typical divorces, under certain conditions, you may want to bring in a forensic accountant. What makes them different than a typical accountant is that they specialize in the investigation of finances, rather than merely compiling them. The most common scenario where you might use a forensic accountant is if you believe your spouse is hiding money or assets.

Vocational Evaluator

Sometimes, the party that is ordered to compensate the other spitefully decides that they do not want to pay benefits anymore. The solution they come up with is purposely losing their job or working a job that underpays them. If you suspect this is the case, you can hire a vocational evaluator and see if they agree. This opinion can be used in negotiations or court.

Child Custody Mediator or Evaluator

As you might imagine, negotiating child custody is one of the most contentious portions of the divorce process. Often, it is so difficult that a mediator or evaluator is brought in. A mediator counsels both sides and helps them come to an agreement, while an evaluator will gather evidence and make a report on the situation.

Property Appraiser

To split your assets reasonably, you need to understand what they are worth. This applies to everything, from something as simple as a piece of furniture to something critical like the value of your home. Getting a professional appraisal helps you ensure fair treatment.

Retirement Plan Expert

Another area that can get confusing is retirement assets like 401 (k) accounts and pensions. To help you understand the legality of these assets, you can hire a financial expert that specializes in retirement plans.

Though divorce can be a frustrating and taxing experience, having the right team supporting you makes all the difference. That starts with a St. Louis divorce lawyer, but it can extend to many different experts, depending on your needs.

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.

Sep 27, 2018 @ 5:07 pm

Why You Shouldn’t Rush Through the Divorce Process

August 16, 2018 by David Betz

Understandably, many people want to get their divorce over with as quickly as possible. Unfortunately, this can end up costing them in the long run.

Deciding to get divorced is a decision that comes with a lot of sadness, frustration, and complexity. This swirl of emotions sometimes gives many people an attitude of wanting to get it over with as quickly as possible. Unfortunately, this can end up being costly in the long run. The best way forward is to consult with a St. Louis divorce lawyer that will take your case forward quickly, but slowly enough to not sacrifice quality.

Why People Rush

High Levels of Emotion – Divorce is undoubtedly an emotionally taxing experience. Sometimes, people will sacrifice what they deserve to get closure sooner.

Being Overly “Polite” – Sometimes a person will still have a great deal of respect for their partner and agree to rush the divorce. While this is well-intentioned, it is ultimately unwise.

Not Having a Lawyer – If you don’t hire a lawyer, there is a high chance you will be taken advantage of. This usually comes in the form of an opposing lawyer pressuring you to take a bad deal.

Reconciliation

Though it might seem impossible now, there is a chance that you and your partner will call the divorce off. If you choose to reconcile, you will want to still be married when you do. A rushed divorce will make this more complicated.

Not Accounting for Certain Assets

When you marry somebody, your assets mix. Dividing them takes a very long time, and hurrying through it often leads to error. You are going to want to negotiate what is important to you. However, if you rush, you might miss some entirely. That could mean going back to the negotiating table later on in your divorce, or forfeiting that asset entirely.

Weakening Your Case

If your divorce ends up being seen in a courtroom, your lawyer will need to have every piece of information needed to argue your case. If you go too quickly, your legal team will not have the time to compile evidence and plan a strategy for you. When you go to court, you will not be prepared to argue your side of the divorce. The result of this will likely be a bad deal.

Complexity

When you marry somebody, you fuse your life with theirs. That means that you share money, property, belongings, and even children. Each one of those aspects is incredibly complicated and must be unpacked carefully. Think about each of them, how important they are to you, and how painful it would be to have them taken away from you.

Ultimately, the best reason to take your divorce slow is that you’re dealing with incredibly important issues. You are splitting up almost everything that matters to you, and if you lose those things, you will be filled with regret. Your best bet for avoiding any heartbreak is speaking with a competent St. Louis divorce attorney. Their experience will allow you to proceed through your divorce quickly but without mistakes. The result will be you getting the divorce deal you deserve.

Call for a FREE 30 Minute Phone Consultation

(314) 801-8488

Aug 16, 2018 @ 1:36 am