divorce lawyer

Divorce court decisions should be made by applying laws and past case decisions to facts that are presented at your trial.

The object of the dispute in a family lawsuit is a very delicate matter as it can have a significant influence on the lives of the spouses and their children. One cannot treat a divorce case with generalized judgment, as each case has its unique set of circumstances and development to which both parts need to adapt and react in the best possible way. That said, no divorce should be settled by a judge who chooses to follow their preconceptions about family, gender dynamics, or society instead of following facts and defending the interests of all parties involved.

Unfortunately, there are some cases where the judge seems to favor one side over the other. Often, traditional gender roles are applied to situations where the family dynamic is different. This incompatibility of the judge with the type of family he has in court may lead to an imbalance in the justice system, as one spouse gets more than he or she may be entitled to, and the other is robbed of his or her rights.

Going in front of a judge and laying your conjugal life in front of them and waiting for their decision regarding your life after a marriage can be tough. Few divorces can be considered easy, but when you seem to be discriminated against by a representative of the law, it is a battle for your rights. What can you do when the judge appears to favor your spouse in the divorce case?

Are You Going through a Custody Battle? Spend Time with Your Children

If you believe that it’s in your children’s best interest to have you in their lives, either as a split custody parent or a full custody one, then you need to show irrefutable evidence that you are already an important part of their lives. Spend time with them daily and be involved in what they do. Go to school meetings and sports games, participate in their little projects, and know their routine.

If you think the judge is favoring your spouse based on a gender bias, you can contact a discrimination board and bring the problem to their attention. Show them that your gender is not preventing you from being a good parent for your children and break the mold of gender roles.

Do You Feel That You Are Disadvantaged in Any Way? Act Your Best

When you are seen through the lenses of prejudice or other bias, what you do can be interpreted and distorted to fit that paradigm. Don’t feed that persona presented by the biased judge. Avoid any possible association with that pattern of behavior, even if you need to censor perfectly valid emotions or responses. Reformulate answers that might be considered aggressive or accusing and stay out of conflict.

Questions About Your Divorce Case? Ask a Divorce Lawyer

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 the future of their family and we strive daily to earn it.

Our firm’s goal is to assist families in need to navigate their way through these 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.

One of the many ways a divorce will impact your life is forcing you to change your estate plan. Because your divorce will change your living arrangements and family structure, you must plan for the future accordingly. That means making changes to how you wish that your estate is handled in case you pass away.

This is something we don’t usually think about, especially if we don’t have any chronic disease or work in a risky profession, but everyone has an estate – no matter how large or small – and an unfortunate event can happen at any time. Here is how your divorce can impact what will happen to your estate in the future.

Draft a New Will

The main document in estate planning is your will: a legal document that shows how you want your property to be divided in case you die. When drafting a new will, it will automatically revoke the previous wills you had. This means that you must have a clear idea about who you want your property to end up with after your death.

Since you and your spouse will no longer be family, some states automatically disinherit them, but if their children or other family members were previously included in your will, they will still get a share of your inheritance if you don’t draft a new will stating otherwise.

If you and your spouse agree to keep a cordial relationship and still be in each other’s lives, and you still want them to give a part of your property, drafting a new will is still necessary, as most states treat your divorced spouse as if they predeceased you.

You Should Update Your Beneficiary Designations

Not all your assets are included in your will, and it’s important to decide what happens to them after your death. Examples of such assets include retirement accounts, life insurance policies, pay-on-death bank accounts, and other similar financial assets. There are certain types of plans that are governed by federal law, and under it, divorce is not taken into consideration when passing them over after your death. This is why you have to deal with the changes yourself, and name another beneficiary by updating your documents.

Name Legal Guardians for Your Minor Children

When you have minor children, it’s most likely that they will end up living with your spouse in case something happens to you. But you also have to consider the possibility of your spouse predeceasing you, or losing their parenting rights, which is why it’s wise to name a legal guardian other than them in case you die.

Making New Powers of Attorney Directives

Powers of attorney include important decisions that someone can make in your name: legal and financial decisions, medical decisions in case you lose your capacity to make them, handling certain things in case you are left in a vegetative state, etc. If your spouse or their family were previously named in these documents, you may want to update them.

If you are uncertain how divorce can impact your estate planning, or have any doubts on what decision to take, discuss this with your St. Louis divorce lawyer. They can recommend the best course of action.

Many divorces occur because both spouses agree that the marriage is irreparable, but most of them end up in a long fight over assets, custody or other arrangements. You may have heard of some cases when a spouse filed for divorce and their partner simply refused to accept. You may be wondering: what happens?

Getting a Divorce in Missouri

Getting divorced in Missouri is that it is a no-fault divorce state. That means that the court does not require you to present the cause of the dissolution of marriage. If you are unhappy and you want to get a divorce, you simply testify that your relationship is irreparable and the dissolution process will begin.

The second thing you need to know is that being in a no-fault state doesn’t mean that your divorce will be granted immediately. You still have to come to a settlement with your spouse, which will be definitive once the court proclaims it. If you and your spouse disagree about the conditions of the divorce, you may be looking at a long battle for your common assets and for your minor children, if you have any. An experienced St. Louis divorce attorney can help you prepare for the long process.

What If My Spouse Does Not Answer My Petition to Divorce?

You might think that your spouse is capable of postponing your divorce indefinitely just by refusing to acknowledge the divorce papers, but this is not the case in Missouri. According to the state law, your spouse has 30 days to respond to the divorce papers, since the moment they get served.

If you still don’t get an answer, your next step is generally to file for a “default and inquiry,” which would give your spouse the last chance to respond to your petition. If they don’t show up for this hearing, you may be entitled to receive everything you asked for in your initial petition (and not added afterward.)

What Next?

If you have any questions about the dissolution of marriage in such a case, please contact an experienced St. Louis divorce attorney who can navigate the intricacies of the divorce law and present you the best way to proceed further. It is important to note that each case is unique and should be discussed with an experienced attorney before taking action.

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

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