uncontested divorce

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

December 15, 2017 by David Betz

Consulting a lawyer may be the only 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 is being broken. Even the simplest of marital arrangements will require 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.
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.

May 8, 2018 @ 9:38 pm

When Your Ex Won’t Follow the Judgment in an Uncontested Divorce

June 14, 2017 by David Betz

Complications arise when one of the spouses decides to back out of an uncontested divorce.

Uncontested divorces often spell the easier way out for couples who want to get divorced. With no major divorce related issues like division of property, assets and debts, spousal support or child support and custody, etc. to mull over, uncontested divorces usually come through very smoothly. However, not all divorces have the same outcomes. Complications can arise in cases of uncontested divorce as well, especially if any one of the spouses decides to back out of the uncontested divorce after signing the documents. Here is what can be done in such cases.

Recalling an Uncontested Divorce Filing

The timing of a party backing out of the uncontested divorce that has been filed has to be taken into consideration. Typically, these situations are usually taken care of by recalling the divorce filing. The process may not require a hearing depending on the case and the circumstances under which the recalling has been filed.

While the recalling procedure is usually simple, if a judge has signed the uncontested divorce agreement and passed his judgment, it is final. The recalling procedure also becomes difficult if the period before the finality ordered by the court lapses.

While each case is different and not all recalls have the same outcome, there are certain factors that affect the decision of the court:

Time period between a recall request and the finality of the uncontested divorce matters.
The unconscionably of the agreement makes a difference.
Any new evidence affecting the divorce matters.

Apart from these, a host of other case-specific considerations made by the court affect the recalling decision of a filed uncontested divorce. It is definitely not easy to get any court to set aside a signed filed judgment.

What if One Party Does Not Abide by the Divorce Judgment?

In some cases, the spouse who has had a change of heart with respect to the uncontested divorce, and has requested a recall, might refuse to abide by the judgment of the court and the divorce agreement. In such a case, a contempt proceeding can be filed against the offending party. A contempt proceeding is an appeal to the court to force the offending party to abide by the laws of the divorce agreement.

The court then has the power to:

Issue fines on the offending party
Place the offending party in jail, or,
Make the offending party pay for the attorney fees of the filing party

There are many other methods the court can apply to enforce the laws set by the uncontested divorce and get an offending party to abide by them.

Violations of Custody and Visitation Rights in an Uncontested Divorce

Violating a divorce agreement is definitely not accepted by any court. In cases of violations of custody and visitation rights in an uncontested divorce, the court can:

Award a compensatory period of visitation, custody or third party custody as convenient to the aggrieved party.
Necessitating counseling for the offending party to impress the importance of providing a child with a meaningful relationship with both parents.
Placing a fine of up to five hundred dollars on the offending party, to be paid to the aggrieved party.
Requiring the offending party to post bond or security to ensure future compliance with courts orders.
Making the violating party bear the cost of counseling and to ensure re-build the relationship between the aggrieved parent and the child.

St. Louis Divorce Attorney

Complications in an uncontested divorce can spiral into a series of court proceedings and hearings, notwithstanding the unpleasantness, stress and tension. The Betz Law Firm can help minimize these issues and help a divorce case run as smoothly as possible.

Call us today for a FREE 30 minute phone consultation at (314) 801-8488. You can also fill out our online contact form.

May 8, 2018 @ 9:41 pm

Understanding Divorce in Missouri

December 30, 2016 by David Betz

Our goal is to help you find the answers to your questions and to begin the next phase of your life with as much ease as possible.

Every divorce case is unique, and has its own complications and complexities. There are certain procedures and legalities that need to be followed as per Missouri law. In this article, we will discuss the various types of divorces that can be filed in Missouri.

Uncontested Divorce

Uncontested divorce refers to cases where the married couple agrees on the contents of the divorce and ideally do not require the assistance of the court for division of assets, spouse and child support and custody.

Many couples seeking uncontested divorce think that they can proceed without the assistance of a lawyer. However, there are many facets to uncontested divorce in Missouri, and an experienced divorce lawyer is ideally the best person to help the process go easily and more quickly.

Procedure for Uncontested Divorce in Missouri

In order to be able to file an uncontested divorce:

One of the parties must be a resident of Missouri for a minimum of 90 days
The petition for divorce should be filed in the county circuit court where the petitioner lives
A 30-day waiting period has to be observed post filing

Legal Separation

Legal separations in Missouri are permitted when a marriage is deemed irretrievable under the following grounds:

Adultery
Abandonment
Misconduct by either partied in the year preceding the petition filing
Behavior that is deemed unreasonable enough for separation
Living apart and separate for two or more years
One of the parties is a resident of Missouri for minimum 90 days.

Missouri Simplified Divorce

The state of Missouri provides for simplified divorce, in which, the spouses file for divorce jointly. This eases the divorce process and pre-printed forms are available in certain counties.

Filing for Divorce Individually

In cases where one spouse (the Petitioner) files for divorce individually, the following forms need to be filled:

PSC001 – The Petition for Dissolution of Marriage form states that the marriage is irretrievable broken. The form includes the date and location of marriage, date of separation, addresses of residence and workplace, minors / children involved and their residence, custody arrangement information
PSC050 – The Statement of Income and Expense form lists the income and expenses of both parties.
PSC040 – Statement of Property and Debt and the Proposed Separation Agreement Form profiles assets and liabilities of the couple and states the division and distribution the petitioner request.
PSC065 – The Missouri Department of Health Certificate of Dissolution of Marriage form is a record of the divorce for record keeping.
PSC067 – The Family Court Filing Certificate form lists pending actions of the petition
PSC070 – The Judgement of Dissolution form is signed by the court and ends the marriage.
PSC501- the Parenting Plan form discusses child and minor custody and support, visitation rights, and parenting plan.
PSC 010 – Answer to the Petition of Dissolution form is to be filled by the second spouse (the respondent) when they agree to the terms and conditions of the petition filed for divorce.

Servicing the Petition

In all cases, once the petition has been filed, the petition needs to be serviced. The servicing process can take place in four ways:

Entry of Appearance and Waiver of Service, where the petitioner gives the respondent a copy and the respondent verifies and signs it.
Personal Service, where the service is delivered by the county sheriff or court officer
Private or Special Process Server, which is used in cases the Respondent either disagrees or is difficult to approach
Service by Publication, which involves permission to publish a notice of dissolution in the newspaper incise all of the three methods above fail. Failure to service gives a Respondent 45 days from publication to file an answer or the Petitioner can file for default judgment.

Obtaining a Divorce in St. Louis

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. In the midst of so much emotional upheaval, it can be difficult for the petitioner to face these types of choices. Our team of considerate attorneys will be there to help see you through these rough times.

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

Feb 6, 2018 @ 4:12 pm

What is an Uncontested Divorce?

July 13, 2016 by David Betz

People often think that an uncontested divorce simply means a few signatures and the union is dissolved. But we can tell you that it is never that easy.

The definition of an uncontested divorce is that both spouses are in agreement on the major issues involved in the divorce. However, this does not mean that after a few signatures the union is dissolved. As experienced uncontested divorce attorney’s we can tell you that it is never that easy.

The Basics of an Uncontested Divorce

In order for a judge to consider an uncontested divorce, all of the marital issues that come up during divorce proceedings such as child care and division of property, will have to be resolved. We have been through hundreds of uncontested divorce petitions and they require a lot of paperwork. However, we handle most of it for you to ensure that there are no accidental errors that could lengthen the process.

Other marital issues may include:

Parenting plan – how parenting time and responsibilities will be shared
Amount and duration of child support
Alimony – the amount and duration of spousal support
Division of property
Division of any debt

Coming up with an acceptable parenting plan is the first hurdle for a divorcing couple in St. Louis that have children. The family law system in our state puts the needs and safety of children above anything else. To that end, they want to make sure that as parents, your decision to dissolve the marriage will have a minimal effect on the lives of your children. Joint physical and legal custody of the child is encouraged. Certain criteria must be met for a parenting plan to be accepted by a St. Louis court.

Once the judge sees that there is a detailed parenting plan, he will then want to see that the couple has reached an amicable agreement to the division of marital property and any debt that they may have. It is important to note that marital property includes all assets that were acquired during the course of the union. The only exceptions are gifts made by someone other than your spouse or an inheritance.

Finally, the petition for the provision of spousal support. Spousal support is not mandatory in St. Louis and so it is not a requirement for an uncontested divorce.

Because every divorce is different, an uncontested divorce may or may run smoothly. An uncontested divorce is more simple when the divorcing couple doesn’t have minor children and has few assets.

Contact a St. Louis Uncontested Divorce Lawyer

With the help of our firm, it is not unreasonable to expect an uncontested divorce petition be granted in a relatively short period of time. If you and your spouse are able to work together and use our experience as a guide, we can file your paperwork for you, and hopefully you and your spouse will be granted your dissolution of marriage without ever needing to enter a courtroom.

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

Apr 26, 2018 @ 7:37 pm