no fault divorce

Common Myths About Divorce in St. Louis

September 6, 2021 by David Betz

Below we cover a few of the most popular myths about divorce and the truth about each of them.

Are you planning to file for divorce in St. Louis? If so, then you’ll want to familiarize yourself with the divorce process. An excellent place to start is with the countless myths and stereotypes around divorce. The sooner you understand the truth about the divorce process, the easier your divorce will be. Below we’ll cover a few of the most popular myths about divorce and the truth about each of them.

Divorces Are Always Contentious

It is no secret that a high number of divorce cases are contested. However, this does not mean every divorce must be contentious. If you agree on child custody, division of property, and alimony, your divorce will be uncontested. This will save both of you money and time. But remember: even if you and your ex agree, it is always advisable to ensure you hire a family lawyer. The lawyer will go through your agreement to provide everything you agreed upon is included, and your interests and rights are protected.

Custody Is Always Awarded to the Mother

This myth has been known to cause a lot of heated arguments. If you think the mother will always get custody of the children, think again. In Missouri, the gender of the parent is not one of the factors used to determine custody. Both parents have equal rights.

However, the court will have to consider the parent who is most capable of taking care of the child. Custody matters can be complicated and overwhelming – you’ll need to hire a competent family attorney to help you convince the court you’re the better parent.

If You Are At-Fault, You Will Lose Everything

Missouri is a no-fault divorce state. So do not fall for this lie. Adultery might ruin your marriage, but it won’t affect the court ruling. However, in cases where adultery affects your parental capabilities or affects your finances, it may come into play during property division and child custody ruling.

Divorce Must Involve a Court Trial

You have to get your divorce agreement signed by the court, but this does not mean a judge must do the settlement. Only 5% of divorces are settled in court. This means that 95% of divorces are settled using other methods: mediation, arbitration, etc.

The Husband Has to Support the Ex-Wife After the Divorce

This is not true. The court does not make rulings on alimony based on gender. The court will consider the chances of finding stable employment, current income, marital residence, and distribution of assets before making a ruling.

The Betz Law Firm Is Here For You

If you want to file for divorce, having a divorce attorney will give you a higher chance of getting a better outcome. Do not go through this nerve-wracking process alone. At The Betz law firm, we have knowledgeable divorce attorneys with a proven record of excelling in divorce cases. Contact us for more information.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Sep 17, 2021 @ 2:54 pm

FAQs About Missouri’s No-Fault Divorce System

August 25, 2021 by David Betz

Filing for divorce isn’t as easy as most people think. Even though Missouri is a no-fault state, the divorce process can still be complicated and overwhelming.

You’ve probably heard that Missouri follows a no-fault divorce system. But what does this exactly mean? This article will help you understand how the system works by answering some FAQs about Missouri’s no-fault divorce system.

Is Missouri a “TRUE” No-Fault Divorce State?

Yes, Missouri is a ‘true’ no-fault divorce state, meaning the spouse or domestic partner seeking dissolution of a marriage doesn’t have to prove that the other spouse committed any form of wrongdoing for the court to grant divorce proceedings. That’s right; no evidence is needed. All the spouse needs is a reason recognized by the state.

It also means that the spouse wishing to file for divorce doesn’t have to wait out a particular period before initiating divorce.

What Reasons Are Recognized by the State?

While there may be some exceptions, any reason that proves irreconcilable differences with your spouse is enough to obtain marriage dissolution in Missouri. However, to be sure, the court requires you to answer the following questions.

Is there any possibility that you can preserve your marriage through reconciliation or negotiation?
Are you positive that your marriage is completely broken?

If both spouses agree that the marriage is irretrievably broken, the court can give the divorce proceedings the green light. But what happens when one of the spouses disagrees that the marriage is broken?

What If Your Spouse Disagrees That the Marriage Is Broken?

There’s always the possibility that the non-divorcing spouse may avow that there’s still a chance to redeem the marriage. This is a complicated situation for the courts, but there’s a way around it. In such cases, the court will have to critically analyze the factors that led to the divorce to determine if the marriage is irretrievably broken.

The judge will grant a divorce by default if strong evidence shows at least one of the following facts is true. (Mo. Rev. Stat. § 452.320):

That your spouse committed adultery.
That you and your spouse have been living separately for at least two years before the divorce was filed.
That your spouse behaves in a way that makes it difficult for you to live with them.
That you and your spouse had agreed to separate and have done so for twelve continuous months.

What Qualifies As Marital Property in Missouri?

Under Missouri laws, marital property refers to all properties/assets acquired by either or both parties during the marriage, except the following:

Assets or properties acquired after legal separation
Assets and properties excluded by a prenup or any other valid written agreement
Assets or properties acquired by descent or gift

Filing for Divorce? The Betz Law Firm Is Here to Help!

Filing for divorce isn’t as easy as most people think. Even though Missouri is a no-fault state, the divorce process is still as complicated and overwhelming as any other state. You’ll need the help of a divorce attorney to walk you through the process as well as protect your rights and interests.

Contact The Betz Law Firm today. Our St. Louis divorce lawyers are committed to guiding our clients and their families through the divorce process with the least amount of emotional trauma and turmoil as possible. This is done while holding the interests and future of the family as a top priority.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Aug 27, 2021 @ 3:50 pm

Is It Ok to Go on Dating Sites While My Divorce Is Pending?

March 11, 2021 by David Betz

If you and your spouse have agreed to separate, then you need the help and legal advice of an experienced attorney to make sure you get through this process successfully.

Divorce means different things for different people. For some, it’s their worst nightmare come to life and the start of a painful process. But for others, it’s a gate towards a fresh start, and you may already be emotionally ready to start dating.

But while your divorce is still pending, is it ok to start going on dating sites and meeting new people? The answer is a bit complicated, but let’s dive deeper into the subject.

Defining the Word “Ok”

From a legal standpoint, going on dating sites or dating someone isn’t forbidden when you’re in the middle of a divorce. Missouri has a limited “no-fault” divorce, meaning in most cases, spouses can go through the process without having to prove cruelty or adultery. Irreconcilable differences are the most common motivation for divorce in the state.

Dating during the marriage isn’t ok, but judges will generally not frown on one of the spouses dating throughout a divorce if the couple has already been separated for a while, either.

However, many divorce attorneys will encourage their clients to wait until the divorce is finalized, especially if there is a custody battle involved. So you may want to wait a bit to sign up for these services until your divorce is finalized.

It’s Your Spouse You May Need to Worry About

During a divorce, both parties must remain civil, as much of the proceedings involve negotiating certain terms. Sometimes, showing clear signs that you have moved on, such as going on dating sites, can irritate your former spouse and push them to refuse to cooperate, dragging out the divorce even more, which doesn’t help anyone, after all.

Apart from that, you may complicate matters even further if you also have a custody battle. Judges will make these decisions based on what’s best for the child. Your presence on these sites could allow your former spouse to argue that your dating doesn’t create an excellent child environment, especially given that divorce is a traumatic experience for children. An argument that your former spouse can use is that their child shouldn’t live in a place where strangers (the people you’re dating) come all the time, and the judge may agree.

Additionally, given that these profiles are public, they can be used against you. Your photos, descriptions, and even interactions with people on these social media sites may be brought in front of the judge to paint you in an unfavorable light.

Contact Your St. Louis Divorce Attorney

If you and your spouse have agreed to separate, then you need the help and legal advice of an experienced attorney to make sure you get through this process successfully. Get in touch with a St. Louis divorce attorney as soon as possible for a consultation and best recommendations on properly navigating this process.

Speak With an Experienced Attorney

Our firm uses experience, good communication, and availability to help families get through life changing events.

Call (314) 801-8488

Mar 11, 2021 @ 7:00 pm

Options Available for Divorce in Missouri – St. Louis Divorce Attorney

December 15, 2017 by David Betz

Consulting a lawyer is the best way to ensure that you are receiving a fair settlement.

The dissolution of marriage in Missouri means that the contractual agreement that you entered into as husband and wife are being broken. Even the simplest of marital arrangements will benefit from legal support, and more complex ones with physical and financial property can require even more assistance.

Missouri is a no-fault state for divorce, which means that you don’t have to prove there was any fault, like infidelity or abuse. However, you are able to give a reason that can affect the way assets are divided or how child support arrangements are made.

Reasons You Can Give

There are five reasons that you can state as grounds for divorce in Missouri. They are:

Unreasonable behavior or incompatibility
Adultery
Abandonment for a minimum of six months
Living apart mutually agreed upon for a minimum of one year
Or living apart for more than two years

If the divorce goes uncontested, the papers can be filed in a court of law. After 30 days, the divorce will more than likely be approved. If the divorce is contested or the parties can’t reach a consensus, then the process can take years. If you and your spouse are having a hard time figuring out the logistics, hiring a St. Louis divorce attorney is the best way to get your issues resolved and have everything divided amicably.

Options for Divorce

When it comes to the type of options that you have for divorce, there are four that can be used:

A contested divorce is when the parties cannot reach an agreement on their own. These are typically more complex divorces where child custody or asset allocation problems arise.
An uncontested divorce, which is the most common type of divorce option, is when both parties can come to a mutual agreement about the issues related to dividing assets, child support and custody arrangements.
Mediation is when parties don’t have to go to court to settle their problems. It’s the best way to have an inexpensive divorce; parties go in front of a mediator to resolve their issues instead of using a judge and attorneys.
Collaborative divorce is one of the newest options available. It is an option that was added to give those who might be experiencing hardships in the divorce process and are willing to try to negotiate without having to go to court.

Although it is financially preferable to reach an agreement for divorce without hiring an attorney, consulting a lawyer may be the only way to ensure that you are receiving a fair settlement. At a time when emotions are running high, it is not unusual to make mistakes, like making agreements you might regret. Having a St. Louis divorce attorney to discuss your case with, even if you can work an agreement out, is important – especially when there are issues related to custody and asset division. Even if you just want to reach an agreement and move on, don’t leave yourself vulnerable or agree to things that aren’t fair and won’t benefit you in the end.

St. Louis Divorce Lawyers

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.

Jun 3, 2020 @ 9:44 pm

The Differences Between a No Fault Divorce and an At Fault Divorce

August 10, 2017 by David Betz

Missouri is a ‘no-fault’ state, but there are still requirements that must be met during a divorce.

There are two different types of divorce laws in this country. There are states that have an “at fault” law, which means that to obtain a divorce one party has to be “at fault” for the dissolution of marriage. Other states, like Missouri, abide by something called “no-fault”. But, unlike other states, the no-fault divorce laws in St. Louis are more limited.

Understanding Divorce in Missouri

It is necessary if you want to get a divorce in Missouri, to prove that there is a reason that the marriage is irreparable. Even though it is a no-fault state, there still needs to be “grounds” for the dissolution of marriage. Dissolution of marriage is a legal term for divorce. For you to file a petition for the dissolution of marriage in St. Louis, you have to be a resident of the state for more than 90 days. Only the petitioning party needs to be a resident for more than 90 days, however.

The best way to initiate a petition for divorce is by consulting a St. Louis divorce attorney to walk you through the complexities of filing and the process that will follow. There is no waiting period in the state of Missouri for a couple to divorce. Unlike other states that can have waiting periods as long as three years, Missouri allows the dissolution to be granted as quickly as 31 days after the petition is filed. The only waiting period is a 30 day period for your spouse to officially receive the petition before a divorce can be granted.

It is not only a good idea that you and your spouse obtain different St. Louis divorce lawyers, but it is also required by law. Because having one lawyer represent you both would represent a conflict of interest, each partner should have their own counsel to represent their best interests. The best way for a dissolution to go smoothly is if the petition is “uncontested” by the other spouse. That means that the other spouse agrees to all aspects outlined in the petition including spousal or child support, custody matters, division of property and who pays for the St. Louis divorce attorney fees, which is why having the right St. Louis divorce attorney is so important.

A typical case will be heard in court approximately 90 days after the petition is filed. The minimum is 31 days. For most cases, you will not need to have any character witnesses present. The case should be a simple formality unless there are any disputes about custody or other matters. If there are, then it is even more critical for you to hire the right lawyer to protect your rights. Once the dissolution is granted, you can go back to court if you have problems or wish to change specifics about the divorce decree, but it is not an easy or inexpensive proposition. That is why it is so critical to have it done correctly upfront and to ensure that both parties are getting what they want so that there is no contest.

Contact a St. Louis 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 at (314) 801-8488 or fill out our online contact form.

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Aug 2, 2019 @ 4:10 pm

Modified No Fault Divorce in Missouri – What Does that Mean?

May 15, 2017 by David Betz

Missouri is a modified no-fault divorce state. But what does that mean?

Basically, it means that the divorcing party does not have to prove that their spouse committed some kind of misconduct, such as adultery or abandonment, for the court to grant the divorce. All that has to be proven, with regards to grounds, is that the marriage is irretrievably broken, that there is no likelihood that the marriage can be preserved. In addition, there are residency requirements that must also be met.

However, this does not mean that conduct on the part of the spouse is not relevant.

How Conduct Affects the Divorce

While the conduct does not have a bearing on whether or not the court grants the divorce, it does have a bearing on other matters. For instance, conduct may affect how the court divides marital property, awards child custody, awards spousal maintenance, attorney’s fees, and in some cases child support. The court will have to look at each particular issue in the case and will make decisions according to those issues.

In the case of alimony, or spousal support, Missouri judges have a lot of freedom in the way they handle this situation. The purpose of alimony is to make sure that neither spouse falls into poverty because the marriage has ended.

Obtaining a Divorce in Missouri

In order for a divorce petition to be heard in a St. Louis court, at least one of the parties named must be a resident of the state of Missouri. The petitioner in a St. Louis divorce proceeding must also cite the grounds for which they are seeking a dissolution of the marriage. If both parties are in agreement that the marriage is indeed irretrievably broken, the judge presiding over the proceedings will accept that as grounds and grant the petition.

Our team of experienced divorce attorneys and aides assist our clients with these difficult decisions and help them choose the grounds that are most relevant to their case. We will be there to help see you through these rough times.

St. Louis Divorce Lawyers

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

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Jun 24, 2019 @ 5:52 pm