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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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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.