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August 2013 Archives

Minnesota Supreme Court to hear unusual domestic violence case

The Minnesota Supreme Court is scheduled to hear a case that brings up important issues about domestic violence. The case involves a woman who had her driver's license revoked after she was arrested for drunk driving. Her defense was that she had to drive in order to escape her abusive husband.

Minnesota collaborative divorce and child custody disputes

Minnesota residents who are going through a divorce don't want to be married to their spouse anymore, but they will have to continue to deal with each other while they settle the divorce. And if they have children, their dealings with each other won't come to an end once they sign off on a child custody agreement. Exes who can have a constructive relationship, or who can at least be civil to each other, will find these ongoing interactions to be much easier than those exes who fly into a rage at the sight of each other. Unfortunately, the traditional model of divorce through litigation tends to exaggerate any tensions and differences between the two parties, turning them into bitter opponents.

The importance of fully understanding a prenuptial agreement

Imagine that you and your spouse have decided to get divorced after a few years of marriage. Before you got married, you requested that you draw up a prenup to protect your assets. The prenuptial agreement held up in court, but soon after your divorce you get a bill for debt that your ex owes. Under your prenup, he is responsible for paying it, so you contact the creditor, who doesn't care that you have a prenup. Eventually, they start garnishing your wages.

Prenuptial agreements must be built to last

One of the most time-consuming and technically difficult parts of a divorce in Minnesota is the process of property division. One way to avoid some of this trouble is to decide many property division issues in advance, before the wedding, through a prenuptial agreement. For those who didn't execute a prenuptial agreement in time, there is the possibility of a postnuptial agreement. However, those hoping to rely on a prenuptial agreement or postnuptial agreement should be aware that courts are often strict about these matters, as a recent case shows. It's important to get these agreements right at the time they're signed, or they may not help later on.

How to make child custody work during back-to-school

When you are a parent, back-to-school season is always hectic. If you are divorced, however, the chaos is often magnified substantially. Not only do you have to worry about making sure your kids are prepared for school and their extracurricular activities, you have to coordinate with your ex to make sure one of you is available to drop them off or pick them up. Additionally, you need to determine who is paying for what, make sure you are on the same page about schedules, and send consistent messages to your kids about things like homework time and curfews.

Minnesota child custody disputes and personal slights

When Minnesota parents go through a divorce, one of the most emotionally difficult issues to decide involves who stays with the kids and for how much time. The courts presume that some sort of joint custody will be in the best interests of the child, if the parents agree to it, but how that joint custody will be divided in terms of hours or days can be a very painful question. And oddly, many parents make it more painful for themselves than they probably should.

Separate and marital property in a Minnesota divorce

At the end of a marriage, the two parties must list all their assets, divide the separate property from the marital property and then divide the marital property in a way that meets Minnesota's standards of fairness. This is the process known as property division, and it can be the most time-consuming and demanding part of a divorce.

Divorcing after age 50? Make your retirement savings a priority

Divorcing at a later age is very different than going through a divorce after just a few years of marriage. When you divorce later in life, you probably won't have to worry about child custody like younger couples do, but property division will be extremely important. 

First same-sex divorces start to roll in for Minnesota

As this blog has noted in prior posts, when Minnesota began legally recognizing same-sex marriages on August 1, it also began recognizing same-sex divorce. At least one Minnesota resident has already taken advantage of this development, filing for divorce from a partner who left her three years ago.

Minnesota's same-sex divorce laws still have uncertainties

The first legally recognized same-sex marriages in Minnesota took place on August 1, and dozens of couples jumped at the opportunity. Amid these celebrations, it would be understandable if nobody wanted to talk about the related issue of same-sex divorce.

After pool accident, Usher's ex-wife requests custody hearing

When Minnesota parents get divorced, child custody often becomes the primary issue. Once an arrangement is reached, parents are expected to adhere to it. Some circumstances, however, may warrant a change in child custody.

Woman must pay ex-husband's debt, despite prenuptial agreement

Prenuptial agreements can be very important to Minnesota residents when they go through a divorce, but they cannot do everything. A recent news report told the story of a woman who says her wages were garnished because a debt owed by her ex-husband, even though the two had a prenuptial agreement and divorce settlement that should have made their finances wholly separate.

New developments in Murdoch divorce indicate trust battle

Divorce is rarely easy for any Minnesota resident, emotionally speaking, but it's safe to say that the process is more technically difficult for some people than it is for others. When married Minnesotans own businesses, large investment portfolios or other complex property, the process of dividing the marital assets can be especially tricky.

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