divorce

How Long Do You Have to Wait to Get Remarried After Divorce in Missouri?

May 18, 2018 by David Betz

In Missouri, there are no mandatory waiting periods for someone after a divorce is final.

The laws regarding remarrying after a divorce are determined at the state level. Some states have mandatory waiting periods before you can say “I do” again. In Missouri, there are no mandatory waiting periods for someone after a divorce is final. An individual may remarry immediately once their petition for divorce is granted in a court of law.

Although there is no legal waiting period for a person to get remarried, there might be repercussions for choosing to do so immediately. If you get remarried too quickly, things that both parties agreed upon before divorcing might be reexamined or petitioned against by your previous spouse.

Things like court-ordered alimony and, sometimes even custody arrangements, can be called into question if you marry again.

Divorce in Missouri

Missouri is considered a modified no-fault state for divorce, which means that a couple need not have a legal reason for the dissolution of marriage. If an individual is a resident in the state of Missouri for more than ninety days, then a petition for the dissolution of marriage can be completed and decided upon in about 30 days.

Once the court grants the dissolution to the petitioner, the other spouse has thirty days to appeal the decision.

When One or Both Spouses Remarry

There is no waiting period for a person who wants to remarry after the petition for divorce has been ruled on. If you apply for a marriage certificate and have been divorced for less than thirty days, then you have to put in writing that you are attempting to apply for a new marriage certificate even though your ex-partner still has time to appeal the court’s decision about your divorce.

If the ex-partner does decide to appeal the decision, then the new marriage certificate will be nullified.

Alimony

In a divorce, one spouse might ask for financial support from the other. This support is called alimony. Alimony is generally decided upon by the financial status of both parties, how long a couple has been married and how the divorce will affect each party’s standard of living.

In Missouri, if you have been granted alimony from a divorce and decide to remarry, you will likely no longer receive alimony.

Child Support

Financially speaking, being remarried will not affect how much you receive or have to pay for child support. It can, however, become a contention for child custody agreement. So, it is always best to discuss your intentions with your ex-partner.

Although there are no waiting periods in the state of Missouri regarding when someone can remarry after a divorce, it is a good idea to consider how remarrying might affect your financial status, and, in some instances, your child custody agreements. If your spouse has remarried or you intend to remarry, make sure to consult your St. Louis divorce attorney to see if there will be any impact after a new marriage certificate is signed.

Call now for a FREE 30-minute phone consultation :: (314) 801-8488

Aug 2, 2019 @ 3:20 pm

Can We Reconcile Once the Divorce Papers Have Been Filed?

April 30, 2018 by David Betz

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.

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.

Apr 30, 2018 @ 11:39 pm

Steps to Take Before You File for Divorce

January 31, 2018 by David Betz

There are a number of advantages to being well prepared before filing for divorce.

Divorce is certainly not an easy process, but if you and your spouse have been through therapy and decided that it’s time to call it quits, here are a few things you should do before actually filing for divorce. Being well prepared before filing could end up saving you thousands and sparing your time.

Seek Counseling – Divorce is one of the most emotionally trying experiences you may ever have to go through. The complex legal proceedings and the emotional upheaval will challenge both your intellectual and mental/emotional health. In order to be able to handle this process logically and be there for any children you may have, you have to take care of your emotional health first.
Ensure Your Safety – Divorce is never easy, but sometimes it turns violent. If you are leaving a violent partnership work with your therapist and attorney to make a safety plan. This may include having an already furnished apartment waiting for you as soon as you file. For those with a potentially violent spouse, pick a neighborhood with good security, invest in heavy-duty locks, and make sure your former spouse does not know your address.
Plan for the Children – Raising children is an enormous expense and you want to make sure that they don’t end up getting shortchanged in the settlement. To do this, you need to get creative and plan for the future of your child. Do you envision them attending private high school and then college? Then the cost of your children’s education needs to be included in your settlement. Don’t forget that the cost of education is far greater than just tuition. You also have to account for sports, tutoring, uniforms, and so much more.
Do Not Date – There are a number of reasons for avoiding beginning a new relationship at this vulnerable emotional stage. For one, there could be legal consequences if you begin a relationship before the divorce papers are signed. If you signed a prenuptial agreement with a cheating clause, dating before the divorce is finalized could result in losing spousal benefits.
Find an Experienced Attorney – A family law attorney should be someone you can trust to help you through some of the most difficult times in your life, as well as one of the people you want next to you to celebrate triumphs. Like your family physician who handles your families’ health concerns, a family law attorney can assist, guide, and offer advice whenever life throws a curveball your way.

The Betz Law Firm

The attorneys at The Betz Law Firm have effectively represented hundreds of clients in their divorce. In matters pertaining to family law, our firm understands that resolving issues through mediation and negotiation will yield better results for both parties. While we are a team of successful litigators, we will set a tone that minimizes animosity and promotes cooperation. It has been our experience that mediation is a preferred alternative to court trials and litigation.

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

Aug 2, 2019 @ 4:04 pm

The Difference Between a Legal Separation and a Divorce in Missouri

December 8, 2017 by David Betz

Although handled in the same way logistically, legal separation and the dissolution of marriage are two different things.

When you can’t seem to get along with the person you said “I do” to, there might come a time when you want to tell them that you “don’t” anymore. Sometimes people just need some time and space away to figure out their relationship and decide if they want to carry on, and sometimes people know for sure that their marriage is over and there is no repairing it.

Legal Separation vs. Divorce

In Missouri, there are two different ways that a couple can take some time apart, either indefinitely or while they try to work on their marital issues. A legal separation is when a couple decides to live separately while working on their relationship; a divorce is when two people have come to the conclusion that their relationship simply doesn’t and won’t work, no matter what they do or try to work through.

In a legal separation, the couple agrees that they need time apart from one another. Sometimes they just informally agree to do so, while in other cases they contractually decide the specifics of the separation. More like a “cooling-down” period, the plan is to take time apart and work together to save the marriage. If you have children, then the separation outlines how the two parties will care for their children, who the children will stay with, and any specifics related to visitation. There are times when people seek a legal separation so that they don’t lose certain privileges like health insurance; separating means that they can stay married, but not have to live together.

A divorce and a legal separation are handled the same way; both parties file a petition for either a legal separation or the dissolution of their marriage. They must decide on similar issues like the division of assets and custody of their children. They also have to agree on paying off any debts, or how to divide whatever is considered “marital property.”

Once you file for a legal separation, after 90 days either party can return to court to convert the legal separation to a dissolution of marriage, if they are unable to find a resolution to their marital problems. After 90 days, if they decide that they still aren’t ready to reconcile, they can prolong and let the separation stand, if both parties are okay with the conditions already in place.

Although handled in the same way logistically, legal separation and the dissolution of marriage in Missouri are two different things. Even if you are just petitioning for a legal separation, it is still a document where you agree to custody terms and asset allocation, which is why it is imperative that you have a St. Louis divorce lawyer help guide you through the logistics and protect you through a tumultuous time in life.

St. Louis Family Law

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.

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.

Jun 24, 2019 @ 5:16 pm

How Much Does the Average Divorce Cost in Missouri?

November 27, 2017 by David Betz

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.

Jun 24, 2019 @ 5:18 pm

St. Louis Divorce Lawyer Discusses Health Problems and Divorce

October 29, 2017 by David Betz

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

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

Aug 2, 2019 @ 3:23 pm