divorce lawyer

A common question that couples seeking divorce ask is “what will be the average cost of the divorce?”

Truth be told, there is no “average cost of divorce.” However, there are many factors that affect the cost of getting a divorce. There have been cases with little money and a small number of assets involved, where the cost of the divorce has been high, on the other hand, there have also been cases where couples with huge assets and money have had minimal divorce expenses.

The most important and obvious factors that affect the cost of a divorce are the communication between the couple, the ability to come down to a consensus, choice of attorney, etc. While most costs can be controlled, there are also some that are inevitable. In this article, we will explain some of these costs.

Costs of a Divorce

Here are a few important things to know, understand and work upon to keep costs at a minimum:

• Couples should always be well prepared for all meetings with their attorneys.
• As a client, an individual seeking divorce should always be available for his / her attorney. Prompt response to phone calls and messages seeking information will help in reducing costs.
• Some costs can be out of the control of the client. For example, one cannot control who the spouse chooses for representation. Costs are also dependent on how fast the spouse’s lawyer responds, what demands does the spouse and attorney put forth, how often motions are filed to get the necessary information from the other party, etc.
• Divorce is a stressful process and clients often need counseling for the distress they undergo during the divorce. Counseling and emotional therapy can increase the costs of divorce.
• Communication between both parties is also another factor that affects cost. The ability of both spouses to communicate well and resolve divorce-related issues like asset division, child custody, spousal support, etc. will decrease costs in terms of attorney fees, court fees.
• Division of finances, assets, and property all affect the costs of divorce. For example, couples with significant assets, complicated financial situations, hidden or dissipated assets, etc. have higher costs of divorce. Such complications often require forensic accounting, asset appraisals, etc. are expensive processes that will be required. It is usually observed that the more assets the couple will have differences over, the costs will simultaneously increase.
• Factors such as child custody and parenting plans also affect costs. It is often seen that in contested divorces, where parents cannot come to terms on child custody and formulate a clear parenting plan, the court appoints a “guardian ad litem”. This appointment is of an independent lawyer who represents the children’s interests. The ‘guardian ad litem’ is appointed in cases of child abuse or neglect. The fees for this lawyer are borne by both the spouses and can add significant costs.

The best solution, however, to reduce divorce costs is to ensure effective communication between both parties. It is the responsibility of both parties to resolve all divorce-related issues without any delay and have the ability to come to terms quickly. These will reduce the costs of divorce significantly. It is also important that you choose your St. Louis divorce lawyer wisely as it can impact the costs significantly and make the whole process a lot smoother.

The Betz Law Firm

The attorneys at The Betz Law Firm have effectively represented hundreds of clients in their divorce, whether it be in St. Louis City, St. Louis County, Jefferson County, St. Charles County, or even counties farther afield. Our knowledge of the law and the judges helps us achieve the results our clients are looking for.

Call us today at (314) 801-8488 or fill out our online contact form.

Our firm’s goal is to assist families in need to navigate their way through these important, life-changing events.

The process of divorce is never an easy one. Amidst all the stress, tension and unpleasantness surrounding divorce, the legal procedures, necessary documentation and the number of decisions regarding property and asset division, child custody and other legal matters, couples often find that the simple, yet important questions (that many feel silly to ask an attorney) are left unanswered. In this article, we will answer some common questions.

What is the definition of divorce?

It is essential that couples understand what a divorce is. A divorce is defined as a legal dissolution of marriage. A divorce terminates a legal marriage, establishing that the marriage was legal in the past and has now ended.

How can a marriage be annulled?

Annulment of marriage, different from divorce, is defined as a legal process of making a marriage invalid, discarding all records of the marriage, stating the marriage never existed.

Annulment of marriage can be sought on the grounds of:

• Bigamy
• One or both of the parties were underage at the time of marriage
• Fraudulent marriages (marriage as a shield for fraud) or committing fraud on inducement of marriage
• Familial relations between the spouses
• Lack of legal capacity like mental incompetence, impotence, senility, etc.
• Refusal or inability to consummate a marriage

What if one party does not agree to divorce?

Ideally, the spouse wanting the divorce should send a legal notice of a court hearing for divorce and present an opportunity to attend the proceedings. Divorces are often based on grounds of fault or by living separately for a specified amount of time. Neither of these requires the cooperation of both spouses. Therefore, even if one party does not agree to divorce, divorce can still be sought.

However, the divorcing party should provide proof of legal process initiation, that is, proof of sufficient time of notice sent and an opportunity to attend sent to the disagreeing party. If this proof of legal process cannot be provided, according to law, the court cannot allow the divorce proceedings, including presenting evidence for divorce, custody issues, spousal support, child support, property division, etc. to proceed. With the proof of legal process provided, the court decides all divorce-related issues. Moreover, the disagreeing party forfeits the right to present countering evidence and the court can present a final divorce order without the consent, signature or participation of the disagreeing party.

What to do if one party does not want to get divorced, and wants to stop the divorce process and wait for the spouse to relent?

Delaying a divorce is possible, however, it is rare that one can entirely stop a divorce. In such cases, a disagreeing spouse can drag the process by refusing to accept the service of divorce papers, refusing to sign a divorce decree or claim that the marriage can be saved. In such cases, the court may prescribe marital counseling to try and repair the marriage.

Can one shorten a divorce process?

All divorce cases are different and the length of the divorce process depends on many factors like the cooperation of both parties, complexities of the case, how soon both parties can reach an agreement, and factors like division of property and assets, child custody, attorney fees, etc.

However, a divorce can be acquired faster if both parties enter into a comprehensive agreement on the issues that comprise a family law case.

St. Louis, Missouri Divorce Attorney

Hundreds of questions come to mind as the stark reality of divorce settles in. As a 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. We are dedicated to providing our clients and their families with kind, personalized, and professional legal representation throughout the entire divorce process.

Call The Betz Law Firm today at (314) 801-8488 or fill out our online contact form.

Filing for divorce may not be as easy as many couples might think. Our goal is to help make it as easy as possible.

A number of procedures and legalities surround the decision of divorce, and it is important to be aware of these procedures and of certain key legal terms that are involved. In this post, we will highlight the key steps involved in filing for divorce.

Defining Divorce

Divorce is defined as a legal dissolution of marriage and refers to ending a marriage between two parties, establishing that the marriage was legal in the past and maintaining all records that prove the marriage existed. In a divorce case, the spouse filing the divorce is referred to as the petitioner and the other spouse is referred to as the respondent.

Filing for Divorce in Missouri

According to Missouri laws, there are certain procedures that couples filing for divorce have to follow:

• It is mandatory that at one spouse has to be a resident in Missouri for a minimum period of 90 days, before filing for divorce.
• All spouses representing themselves in divorce have to complete a “litigant awareness program,” that can be completed by watching an online video or reading the available online materials.
• Post completing the program, self-representing parties should fill a certificate of completion and file it with their nearest circuit court.

The divorce procedures in Missouri officially start when the “Petition for the Dissolution of Marriage” form is filled by either spouse. Along with this legal document that requests divorce filing, names of all children – essentially children under 18 years of age and attending high school, or those under 21 attending college – should be included for the commencement of procedures for custody and financial support.

Servicing the Divorce Petition

A copy of the divorce petition and dissolution should be sent to the respondent spouse in either of the following ways:

• Serving the divorce petition to the respondent via the county sheriff where the respondent works or lives
• Serving the divorce petition to the respondent via a private process server available in some counties

A service fee is charged by both, the process server as well as the sheriff.

The next step is for the respondent spouse to complete an ‘answer’ form available online. This form can be used when a respondent spouse does not want to be served directly or as an official response to the divorce petition stating whether the respondent agrees with or disputes any part of the petitioner’s statement.

Apart from the initiating forms, both the spouses should complete the ‘statement of income and expenses’ form that is used by the judge in the course of the divorce case trial to decide on critical matters of alimony, maintenance and child support. For couples with children, a parenting plan form that outlines a plan for raising the child, the child’s schedule and custody matters should be filed.

Contact a St. Louis Divorce Attorney

Our legal practice is focused exclusively on family law and consists of a staff of experienced professionals who have immense knowledge of all the legal issues that can arise during a divorce. Hundreds of clients have been assisted with the issues of child custody, visitation, and support, as well as alimony, division of joint assets, and much more.

Call The Betz Law Firm today at (314) 801-8488 or fill out our online contact form to schedule a private consultation.