divorce

Because every divorce case is unique and holds information about intricate life-stories of at least two people, the court carefully analyzes each situation before they give a final verdict.

An inheritance can have great emotional value for a person when the inherited goods come from a family member. Naturally, if such an asset becomes the subject of a dispute during a divorce, arguments can get heated.

Every state has its own set of laws regarding divorce, so it’s very important to know them well before pleading your case in front of the court. Because every divorce case is unique and holds information about intricate life-stories of at least two people, the court carefully analyzes each situation before they give a final verdict.

Missouri Laws for Inheritance and Divorce

Property division in Missouri is done equitably between spouses after it is settled what is marital and nonmarital property. In a divorce, only the marital property is split, meaning goods and money that were not co-mingled.

The key thing to getting the whole inheritance or splitting it with your spouse is how you used it after getting it. If you have kept it in a separate, personal account and did not invest it in common property which will be classified as marital in the divorce, your inheritance will generally stay with you.

However, if you put that inheritance in a joint account and/or used it to buy marital property, like a house on both of your names, let’s say, it may be split in between you and your spouse.

In Missouri, the court only has the power to divide what is marital property between the spouses. But there’s an important catch: all property is considered marital until one of the spouses demonstrates otherwise. In other words, you need to provide documentation for any money or assets that you consider to be yours exclusively.

Commingled Property

Because the cases when inheritances are kept exclusively in a personal account are relatively rare, you need to understand more about commingled property. This happens when you use inherited money and invest it in marital property. In Missouri, marital property is defined when both commingling and intent are present, but the only sure way to keep your inheritance personal is to just keep it in a separate account.

Get Help from a St. Louis Divorce Lawyer

It may seem like everything is clear and simple, but the truth of the matter is that each case brings something new to the table, and the court often takes its time to evaluate the equity condition thoroughly. If you worry about having to split your inheritance during your divorce, the best option is to talk to an experienced St. Louis family law attorney and see what you should expect. That way you can plan accordingly and make an informed decision. Give us a call today at (314) 801-8488 .

The aftermath of a divorce echoes in all aspects of your life, from the custody of your minor children to your financial situation, business plans, real estate, and so on.

Divorce is a major change in your social and legal status and you need to make arrangements to adapt to your new life. One of the things you should consider updating after a divorce is your will.

Changing the Executor of Your Will

One of the first modifications is to change the executor of your will it is currently your former spouse. Being an executor is a huge responsibility and you should nominate a person you trust, and who can carry on with the executor duties. In Missouri, the state generally revokes authority roles from your ex following a divorce, so be prepared to choose some alternatives for the executor role.

Property Included in the Will

After the division of assets, you may (almost surely) not have the same property included in your will. Some of it is now owned solely by your ex-spouse, so it should be removed from your will. Following the same principle, if you have gained some properties through your divorce, you might want to include these in your will.

Guardian Nominations for Minor Children

If you and your spouse have minor children, you should revise the guardian role after you get a divorce. It will serve as a strong argument if something happens to you and you want your children to be raised by your own family. This should be discussed with your attorney.

How to Change Your Will in Missouri

You can change your existing will through a codicil. A codicil needs to be witnessed by two-three adults who are sound of mind. If this proves to be too complicated, you can just cancel your existing will and write a new one.

What Happens If You Don’t Update Your Will?

If you don’t get to update your estate planning documents after your divorce, the state of Missouri will generally govern who will inherit your property and who is left with responsibilities such as being an executor or guardian to your minor children.

The details of your will are best discussed with an experienced attorney. They will guide you toward the best decision for your children and the other persons in your life that you would want to inherit your property. Discuss the details surrounding your divorce with an experienced attorney by calling The Betz Law Firm at (314) 801-8488.

Whether you are about to get a divorce or you are already mid-way through the rollercoaster, there are plenty of actions you can take to smooth out the process.

It’s easy to understand how the divorce process can be emotionally straining for both of you, so having the right tools to cope can make a big difference.

Having a good divorce lawyer by your side that can help you deal with your emotions efficiently may be one of the most important steps to take when you are going through a divorce. Easier said than done, isn’t it? Well, let’s break down this goal into 6 smaller, achievable tasks.

Handle Your Strong Emotions

Divorce can be emotionally traumatic for people who are directly affected, mostly the spouses and their children. Strong emotions may come to the surface in the context of a battle for your assets, custody of your children, etc. When you feel anger, resentment, and panic all combined, you can say things you don’t really mean or lose your credibility. If you are struggling with this, it may be beneficial to see a therapist, your pastor or anyone who can help you manage your stress.

Assess Your Financial Situation

Part of the stress one feels during the divorce is directly linked to the changes in their financial status. It is time to assess all your income sources, properties and investments you made during the time of your marriage. Depending on the state, the division of assets will be done differently, so make sure your St. Louis attorney is knowledgeable in Missouri’s laws.

Limit or Avoid Social Media

Keep it classy, and consider limiting or staying away from social media while your divorce case is ongoing. Remember that what you post on your social media profiles could be used against you by your spouse’s attorney.

Protect the Little Ones

When there are minor children involved, divorces can be even more devastating. Protecting the feelings of your children should be the number one priority for both you and your spouse. Don’t put unnecessary pressure on their shoulders and keep their routine as unchanged as possible. They will be having a hard time too, so you as parents should do your very best to be there for them and soften the blow.

Stay Civil

No matter how wrong your spouse was towards you, speaking badly about them, offending them or launching threats will only damage your case in front of the court. Stay civil and neutral when interacting with your spouse, and don’t respond to provocation.

Provide What is Needed for the Case

Follow your attorney’s instructions closely and provide all necessary documentation for the case. Things that may seem trivial at first can help your case, so trust the experience of your attorney when making decisions or developing a strategy.

Be Determined to Follow These Steps

These seem to be reasonable steps to take, but divorce can bring the worst out of people. Staying civil and collaborating with your attorney and the court will put you in a good light and smooth out the process so you can begin to move forward with your life.

One of the most pressing issues that a divorcee must face is often a drastic change in finances.

Planning a divorce can be extremely stressful, especially if you and your spouse aren’t on amicable terms. One of the most pressing issues that a divorcee must face is often a drastic change in finances. When separating your life from your spouse, all your belongings need to be split between the two of you, and that may leave you with a financial outcome that you did not expect.

Here are five financial factors to keep in mind and be prepared for when planning your divorce.

Analyze Your Financial Status Before the Divorce

When assessing your financial situation through a divorce, it is important to have a good idea of what will change after your separation is settled. If you want a correct evaluation, then you should know precisely your pre-divorce status is. If you want to have a professional assess your situation, you may consider working with a Certified Divorce Financial Analyst: this is exactly what they do for a living. They will know how certain agreement terms will affect your financial status in the near and long-term future, and they can offer advice based on all the information they have. Your St. Louis divorce attorney can help you get in contact with one.

How Will the Marital Real Estate Properties Split Between You?

Often, the most valuable marital asset of a couple is the house they live in, and any other real estate they own. When you have to split the place you have called “home” for many years, things can get emotional. It is important to be rational about splitting real estate and choose the best option for you, whether it is being left with the house or being paid a certain amount of money for it.

What Happens to the Debts You Had as a Couple?

The debts that you had as a married couple will generally be split between you just as any asset would, even if it is a debt associated with a property that your spouse will get to keep. It is very important to have records on all credit cards, mortgages and other debts that may have to be dealt with after the divorce.

How Will Taxes Be Calculated after the Divorce?

After the divorce, you cannot file taxes jointly. You need to change your status to “single” or “head of household,” depending on whether the minor children are left in your custody or not, or if you have other dependant family members to support (like married children you claim as dependants or your parents.)

Who Will Pay Child Support and/or Spousal Support?

This is another delicate and important financial issue to settle during a divorce: who will pay spousal support and/or child support? This depends a lot on the financial status, each spouse is left with after the divorce and the custody agreement that will be in place when you split.

If you have more questions about your financial status after a divorce, get in touch with an experienced St. Louis divorce lawyer and gather as many records as you can about your monetary situation and properties. Give us a call today at (314) 801-8488.

Depending on your circumstances, taking the first step and filing for divorce may put you at an advantage and give you better control over the outcome of the separation.

It’s odd to talk about getting the upper hand when it comes to a life moment so sensitive and complicated as divorce. However, having an advantage over your soon to be ex-spouse can save you a lot of emotional and financial stress.

You may think that it’s really not that important who files for divorce first as the outcome is the same regardless: you get separated from your partner. However, here is how making the first step can potentially benefit you.

You Have the Time to Find the Right Lawyer

If your spouse files first, you will be served papers. Missouri law then gives you 30 days to respond. This often leaves a person scrambling to find a lawyer to take on their case. If you file first, you will have the time you need to find a St. Louis divorce attorney who will represent your best interests and help you achieve the best possible outcome.

You Have Time to Gather All the Needed Documents

A divorce is a bureaucratic hassle. If your partner files first, then you will spend time and money trying to gather all the financial and legal documents required. If your spouse refuses to provide some of them, then things can get overly complicated and costly.

If you file first, then you will have enough time to prepare all the documents needed and save yourself money and your mental sanity.

You May Have the First Choice of Court

Divorces are filed for and settle in the jurisdiction both or one of the spouses live in. If you have property both in Missouri and Florida, for example, you may be surprised to learn the differences in the law regarding child custody, division of assets, spousal support, and so on. Moreover, if your partner moved to another state and they file for divorce first, then you will likely have to follow the laws of that jurisdiction. All that can work to your disadvantage. 

You Have Time to Prepare Yourself Emotionally

Filing for divorce first comes with emotional benefits too. If you are in a toxic or abusive relationship, taking the first step can feel empowering. You have the time to come to terms with the fact that your marriage ended and take action. Instead of reacting to your spouse filing first, you are in control of your own life and destiny. And, you need that kind of mindset during a difficult and stressful period like a divorce.

Speak With an Attorney

There will be lots of variables that you can’t control or foresee. Taking the first step and filing for divorce may put you at an advantage and give you better control over the outcome of the separation.

Discuss the pros and cons of filing for divorce first with an experienced St. Louis family law lawyer and decide together what your next move should be. Give The Betz Law Firm a call today at (314) 801-8488