divorce

If a couple has already filed papers in court and they both agree that they wish to reconcile and not go through with the divorce, it is possible.

When two people enter into marriage, they usually do so with the intention to stay married, as the vows typically state “till death do us part.” However, there are times when couples simply can’t live together. Missouri is a no-fault divorce state, which means that no one has to be to “blame” for the dissolution of a marriage to be granted. If one or both partners has irreconcilable differences, then it is possible for them to obtain a divorce.

There is a process to obtain a divorce in Missouri. You can file a “no-fault” divorce, or you can petition for a fault divorce. The only difference between the two is that if you file for a “fault” divorce, you must have legal grounds to insist that the marriage dissolution is the fault of one party. One reason you might want to make a fault claim is typically that you want to seek custody, or have more of your “share” of asset allocation when it comes time to divide marital assets.

What If You File and Then You Have a Change of Heart?

If a couple has already filed papers in court and they both agree that they wish to reconcile and not go through with the divorce, it is possible. They can both go before the judge and ask that the judge dismiss the papers once they have been filed.

They can request a dismissal of the papers once they have been entered at any time before a judgment to divorce has been rendered. If there has not been any response by one partner, then the person who petitioned alone can file for a dismissal. If both parties have filed, then they both have to ask for a dismissal.

When you file for a dismissal, you can do so either with prejudice or without prejudice. The difference is that if you intend to try to reconcile but aren’t sure if it is possible, filing without prejudice means that should things not go as intended, the petition can be reinstated or picked up in the future from where it was left off. If the petitioner files with prejudice, that means that the case cannot be reopened or reinstated. Therefore, if the couple seeks to dissolve their marriage sometime in the future because things aren’t working out, they must start from square one.

If you are served papers, you do not have the power to say “no” or to dismiss the process. If one party wants a divorce, then the other party does not have the right to dismiss the petition – only the petitioner does.

Sometimes you need a little time away to gain perspective and to find that things weren’t as bad as you thought they were. If you and your spouse filed for divorce, but have since had second thoughts, you can stop the process – but only if either the original petitioner dismisses it or if both parties agree. There is always time to back out before a final decision is rendered and the divorce is final. If you want to reconcile, or even give it a chance, talk to your divorce lawyer and find out how you can take back your petition or unilaterally do so with your spouse.

Our St. Louis divorce lawyers guide our clients through the divorce process with the least amount of turmoil possible.

Typically, there is nothing easy about getting a divorce, either emotionally or financially. While it’s not an inexpensive process, the good news is that the amount that you may spend obtaining a divorce has a lot to do with the actions you take, the ways you try to work things out on your own, and how you pick your battles when dividing up assets.

The amount that a lawyer will charge is determined by the complexity of your assets, what you have to divide, and if there are other issues, like a family business, that can complicate the process.

Other Things that Can Cost You

If you intend to contest a divorce, you will likely end up paying far more for it than if you can work out an agreement between yourself and your spouse. If there are issues related to custody, having a custody evaluation or even fighting over time spent at either house can start to add up. This means the more that you argue and fight over the details of your divorce, the longer it will take to settle it.

What are Your Options?

Missouri laws include provisions that one spouse might have to pay the legal fees of the other in situations where one spouse has an income that is much greater than the other. In some cases, the judge may order one spouse to pay the fees of the other spouse’s counsel if they feel that it is warranted.

St. Louis Divorce Lawyer

Each divorce case is different, therefore, the costs involved will equally be different. Although it may be more reasonable to try to work out the details of your divorce on your own on an uncontested basis, that is not always possible. Before you make any agreement and sign on the dotted line, it is always a good idea to have a St. Louis divorce attorney look over the papers and ensure that you are getting a fair settlement.

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.

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.

Dealing with health problems during a divorce can make matters complicated.

Divorce is an emotionally challenging and complicated time. There are several factors that can further complicate the whole situation. Dealing with health problems in divorce can make matters worse. Serious health issues such as chronic conditions, cancer and other potentially life-threatening conditions in divorce can raise all kinds of problems ranging from practical concerns to moral dilemmas. In this article, we will discuss how health issues can impact a divorce.

Ill Health and Divorce

Some people argue that is a spouse’s duty to care for their partner when they are ill, regardless of the problems their relationship is going through. Divorcing an ill spouse can impact their relationships. They may end up alienating friends and family. Many people would think of it as one spouse abandoning another in a time of need. On the other hand, some people are of the opinion that ending a strained marriage can make things less stressful for the sick spouse and allow him/her to focus on recovery.

When encountered with such a situation, it is important to consider all the angles including the legal hurdles you may face. Here are some legalities that you may need to consider.

Health Insurance and Medical Bills

In most divorce cases, money is a major cause of contention, however, it is more so when there are health issues involved. When one spouse depends on the partner’s health insurance, and a divorce would mean that the person no longer has coverage for long term illnesses, and they may lose access to proper medical care.

In some cases, the ailing spouse may qualify for government assistance after divorce. Depending on the situation, it is also possible for courts to order the other spouse to continue coverage.

Child Custody

For children, it is extremely difficult to watch their parents go through a divorce or dealing with a serious illness. However, when they have to deal with both simultaneously it can be extremely traumatizing.

When deciding on child custody, the courts give top priority to the child’s best interest. Usually, this would mean awarding child custody to the parent that can provide the best possible care. When a parent is dealing with a serious illness, he/she may not be able to take care of the children.

Life Insurance

Life insurance is an important concern in a divorce particularly when minor children are involved. It is important that the current beneficiaries reflect the changed situation. Benefits from life insurance can be used to provide ongoing care or to pay for education in the event of a parent’s death.

Estate Planning

How couples intend to distribute property will most likely change in the wake of divorce. When there are health issues in divorce, estate planning becomes even more crucial. It is also important to determine who has the power of attorney and authority in medical choices.
Dealing with health issues and divorce can be very stressful. It is important that you have an experienced St. Louis divorce lawyer on your side. The lawyer will help you make the right decisions and will protect your interests.

The Betz Law Firm

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 own family members. We are aware of the trust our clients’ place in us with the future of their family and we strive daily to earn it.

Call us today at (314) 801-8488 or fill out our online contact form to request a FREE 30-minute phone consultation.

An impending divorce affects all aspects of a person’s life. An owned or partnered business may also be affected in a divorce.

Usually, it is observed that couples with a clearly drafted Prenuptial Agreement face lesser hassles than those without one. Therefore, entrepreneurs going through a divorce need to have a clear understanding of the effects the divorce may have on their business.

When business is involved, one often sees issues arising out of the following scenarios –

• Both parties involved own and operate the business
• One of the divorcing spouses has operated and owned a business during the marriage
• One of the divorcing spouses has owned and operated a business before the marriage and continued to own it during the marriage
• The demands of spousal or child support require a clear accounting of the self-employed spouse’s income

These issues are typically sorted out in two ways – litigation and mediation.

Litigation

In the process of litigation, issues are taken to court. Divorcing couples usually have to hire one or more litigation experts. Litigation may involve a long, drawn-out procedure with court proceedings soliciting the need for witnesses, extensive and expensive reporting and court intervention. Without an experienced St. Louis divorce attorney, the demands of litigation places on the divorcing couple often leads to stress, poor performance at work and more importantly, a formidable environment for conflicts.

Mediation

In mediation, issues are resolved by negotiations. These negotiations are conducted in a respectful and peaceful manner. Mediation can help the divorcing couple save time and money and can also aid in keeping stress at bay and conflict out of the way. Mediation also requires forensic accounting of the value of the business however, this evaluation is conducted by a neutral expert who usually represents both the parties. Mediation definitely has more positives and couples generally have the following options considering their business –

• Buy out – In a ‘buy out’, one of the spouses retains all the business interests and offers to buy out the other spouse’s share, based on an evaluation of the business. Buyouts provide a clear way out minimal conflicts.
• Continuing joint ownership – Another option divorcing couples have is to continue joint ownership of the business just as before. In such cases, the couple will have to work out a clear legal partnership or shareholder agreement to avoid future conflicts. While joint ownership often does not work in high-conflict divorces, they provide the ease of continuity, where partners in business do not have to seek other career options post-divorce.
• Selling to a third party – A divorcing couple with a joint business can also opt to sell the business to a third party. At times, when conflicts over ownership rule out all options, selling the business to a third party can provide the best way out. Here both spouses have a chance of starting over with a clean slate. Couples should, however, remember that selling out takes time and could cause new conflicts, and avoid hasty decisions simply to gain closure.