Dwire Law OfficesLakeville MN Family Law and Divorce Lawyer | Dwire Law Offices, P.A.2024-03-18T20:25:13Zhttps://www.divorceminnesota.com/feed/atom/WordPress/wp-content/uploads/sites/1404288/2024/02/cropped-dwireSiteicon-32x32.jpgOn Behalf of Dwire Law Officeshttps://www.divorceminnesota.com/?p=534582024-03-18T20:25:13Z2024-03-18T20:25:13Zavoid speaking ill of your ex, especially when your children are around. Hearing their parents badmouthing each other can have negative impacts on children.
Undermines the child's sense of security
When co-parents badmouth each other, it directly impacts the child's sense of security and well-being. Children naturally seek stability and safety, which is often grounded in their relationships with their parents. Hearing one parent speak negatively about the other can shake your child’s core foundation, leading to feelings of insecurity and distress. This behavior can make children feel they need to choose sides, which is a heavy burden for them to carry. It can strain their relationship with you and the other parent.
Affects the child's self-esteem
Children often see themselves as extensions of their parents. When they hear one parent criticizing the other, it can indirectly affect how they view themselves. Negative comments about your ex’s character or behavior can lead the child to wonder if they share these same undesirable traits. This connection can harm the child's self-esteem and self-worth.
Damages the co-parenting relationship
Badmouthing your co-parent can severely damage the co-parenting relationship, making it difficult to communicate and collaborate on raising the child. Co-parenting requires a certain level of respect and cooperation to be effective. When negative comments are made, it breeds resentment and hostility, undermining the mutual respect needed to co-parent effectively.
In some cases, badmouthing your ex can have legal implications, especially if it violates the terms of a custody agreement. Courts generally frown upon behavior that appears to alienate a child from either parent.
If a situation escalates, it could lead to legal challenges, modifications to custody arrangements or supervised visitation rights. You should carefully consider these possibilities and craft a plan to avoid badmouthing your ex accordingly.]]>On Behalf of Dwire Law Officeshttps://www.divorceminnesota.com/?p=532712024-02-16T20:22:14Z2024-02-16T20:22:14Zfinancial ramifications of dissolving a marriage at this stage can impact everything from living arrangements to long-term financial security. Preparing for these changes requires careful planning and understanding of the specific issues at play.
Supporting two households
One of the most immediate impacts of a grey divorce is the need to maintain two separate households with the same resources that previously supported one. This transition can significantly strain finances because costs for housing, utilities, healthcare and daily living expenses effectively double. Adjusting to this new financial reality often requires a reassessment of budgets and lifestyle changes. In some cases, downsizing to manage the increased expenses effectively may be necessary.
Returning to the workforce
For many individuals facing a grey divorce, returning to work is necessary. This need arises from insufficient retirement savings or the requirement for additional income to support a new, separate household. The challenges of re-entering the workforce at this stage are considerable. These include potential age discrimination and the need to update professional skills. Financial and career counseling may be beneficial in these cases.
Adjusting retirement plans
The division of assets is a critical component of any divorce, but it directly affects retirement planning in a grey divorce. Splitting retirement accounts and pensions may significantly decrease the funds available for retirement, forcing both parties to revise their retirement strategies.
Navigating alimony and health insurance
Alimony or spousal support is another significant consideration in grey divorces. This is common if there’s a considerable income disparity between spouses or one spouse sacrifices career advancement for familial responsibilities.
Healthcare becomes a pressing issue because individuals may lose coverage previously provided by their spouse's employer. Finding affordable health insurance becomes crucial, given the increased health concerns often accompanying aging.
Understanding the options for each aspect of a grey divorce is beneficial to ensure that informed decisions are made throughout the process. Working with a legal representative who can explain things in an individualized manner may reduce the stress associated with this consequential life event.]]>On Behalf of Dwire Law Officeshttps://www.divorceminnesota.com/?p=526792024-02-26T23:32:48Z2024-01-22T17:23:59Zparental relocation cases. Although Minnesota is a very large state, a parent does not usually need approval from the courts or the other parent to move somewhere else within the state. Even if they move an hour and a half away, they could make that decision on their own if they are the one who has more custodial time with the children. However, if the relocation will take someone out of Minnesota, then the rules that apply change.
An out-of-state move requires the approval of either the other parent or the Minnesota family courts. A co-parent may sometimes agree that a relocation is a good idea if it could reconnect the children with their extended family members, allow them to attend a better school district or offer the custodial parent better economic opportunities. If they do not agree to the move, they must submit notice to the courts about their opposition to it.
At that point, the family courts should schedule a hearing. A judge hears the case and determines whether the move would be in the best interests of the children. They can then modify the custody order to reflect their determination in the matter. Even when one parent relocates quite far from the other, it may still be possible to preserve parenting time for the parent not relocating. A judge giving them more time with the children during school breaks and summer vacations is a way to preserve a relatively equitable breakdown of parenting time after a relocation.
Learning about Minnesota's rules for the most contentious family law matters can help people determine the best way to handle a relocation request. Seeking legal guidance in the face of such challenges is generally wise, given the stakes of the situation at hand.
]]>On Behalf of Dwire Law Officeshttps://www.divorceminnesota.com/?p=532722024-01-18T18:06:23Z2024-01-18T18:06:23ZBy promoting compromise
The goal of a mediation session is to work through disagreements and reach a compromise that everyone agrees is acceptable. Therefore, spouses to hear about one another's perspectives and desires to work toward a compromise they can both accept. Those who attend divorce mediation may have an easier time empathizing with their spouse after hearing their side of the story than those who dehumanize and villainize their spouses during the divorce process.
By providing privacy
Often, people feel highly emotional during divorce, in part because they want the courts to grant them justice. They may feel as though they cannot talk about issues including adultery, spousal abuse and substance abuse disorders. If details about those issues became public knowledge, that might affect the earning potential of the spouses.
People can end up feeling very bitter when they must keep certain details private and then do not receive what they believe to be a fair outcome for their divorce. The confidential nature of Minnesota mediation may help people feel comfortable about sharing certain details that they believe should influence the term set in a divorce. The ability to discuss those concerns while settling marital matters may ultimately lead to greater satisfaction with the outcome of the divorce.
By requiring direct communication
Mediation can take place in separate spaces when spouses are in a particularly high conflict situation. However, most families mediate with both spouses interacting directly with one another. This approach can help people redevelop their communication skills, which may have broken down toward the end of their relationship. Communicating directly and professionally with one another can help establish a more peaceful and amicable tone for the relationship overall. Particularly when the divorcing individuals have children together, they may need to continue communicating with one another for years to come.
Going through mediation or otherwise attempting to pursue a lower-conflict divorce can limit relationship damage caused by divorce proceedings.]]>On Behalf of Dwire Law Offices, P.A.https://www.divorceminnesota.com/?p=516962023-11-17T01:24:19Z2023-11-17T01:24:19ZCollecting financial records
The process of obtaining financial records can become more difficult after a spouse becomes defensive. Those preparing for a divorce filing will want as much financial information as possible before their spouse may attempt to alter or delete records.
Those divorcing someone with a substance abuse disorder may want to pay close attention to bank statements and revolving lines of credit. Evidence that someone has racked up massive credit card debts going to bars or withdrawn hundreds of dollars at once from a joint bank account to purchase drugs could influence what a judge believes is fair.
While marital misconduct doesn't typically factor into property division decisions, dissipation or wasteful use of marital assets for a purpose that damages the marital relationship can affect the property division order.
Documenting misconduct and intoxication
A Minnesota divorce will be a no-fault filing, but misconduct can still influence certain decisions. Particularly when there are still minor children living at home, the person leaving an addict may need evidence of how bad the situation has become. Video footage of someone blacked out on the couch in the middle of the afternoon, audio recordings of them screaming at the children and other evidence of how they allow their addiction to affect their family members can be very valuable when going to court.
Judges typically try to keep both parents involved with the children. However, in situations involving obvious instability, including issues with substance abuse, judges may limit one parent's time with the children or even relegate them to supervised visitation only.
Those hoping to protect their children from a volatile and potentially dangerous situation will need evidence to corroborate their claims if they want a judge to side with them during custody matters. Most people leaving volatile home situations will need proper legal support throughout the divorce process as well.
Taking the time to prepare for divorce can make a big difference to someone's comfort and safety during and after this process, particularly if challenging circumstances – like addiction – impact a couple’s situation.]]>On Behalf of Dwire Law Offices, P.A.https://www.divorceminnesota.com/?p=516942023-10-27T15:18:23Z2023-10-27T15:18:23ZMarriage requires continued consent from both parties
For a marriage to occur, both spouses need to provide true consent to join their lives. Technically, they also have to provide consistent, ongoing consent to maintain the relationship with one another. Either spouse can decide at any point that the marriage is no longer serving them and seek a divorce.
If one spouse does not want a divorce, they may challenge the filing and argue about the terms set. However, they cannot simply ignore the divorce paperwork to prevent the process from moving forward. In a scenario in which one spouse refuses to acknowledge that their spouse filed for divorce, the person who filed can move the process forward on their own.
The Minnesota courts allow people to request a divorce by default. Such scenarios involved filing special paperwork with the courts after at least 30 days have passed since someone had their spouse served. Someone seeking to avoid a divorce might therefore actively try to avoid a process server to claim they had no knowledge of the divorce. Typically, there are ways around even the most recalcitrant attempts to avoid service.
There are benefits to a divorce by default, not the least of which is that the party who files usually gets to set the terms for property division and child custody because the other spouse fails to respond and counter their proposed terms.
Understanding what happens in a scenario in which one spouse opposes a divorce and wants to prevent it may help people more effectively plan their path forward when they want to end an unsustainable marriage. Seeking legal guidance accordingly is usually a good way to gain this important clarity.]]>On Behalf of Dwire Law Offices, P.A.https://www.divorceminnesota.com/?p=516922023-10-26T14:28:58Z2023-10-26T14:28:58Za few potential reasons.
A marriage always had its problems
In some cases, couples will say that they always had issues with their marriage. They just didn’t do anything about it because they put their children ahead of their own happiness. But now that they are done raising the children and those children are adults themselves, the parents feel like they want to focus on their optimal life for the years that they have left. That may include finally getting a divorce that they’ve been thinking about for some time.
The children were a distraction
In other cases, the children unintentionally served as a distraction from the issues in a marriage. A couple may have felt very close when they got married, but they’ve been drifting apart over the last 20 years. If they didn’t have children, they would’ve noticed these changes in their relationship. But the children took up so much time and energy that it only became clear that they’ve drifted apart after they became empty nesters.
Spouses may need to re-define their relationship
Finally, some couples are just not sure what life will look like after their children leave the house and the ultimate reality can be jarring. Maybe they’ve had long-term questions about the stability of the marriage. Maybe they’ve been putting off couple’s counseling. They have to consider things like retirement and their future, and this is just a natural time to reassess everything about their life. This leads some couples to determine that their marriage needs to end.
A gray divorce can be complex, especially when there are significant assets involved, such as retirement accounts. Couples need to be well aware of their legal rights if they choose to move forward with a decision to divorce. Regardless of their reasoning for this decision, seeking legal guidance proactively can be helpful.]]>On Behalf of Dwire Law Offices, P.A.https://www.divorceminnesota.com/?p=516902023-09-30T15:07:42Z2023-09-30T15:07:42Zsome common options to consider when strategizing about how to manage the value of a family business during divorce.
Sell the business
The first option that many people consider is selling the family-owned company and then splitting the proceeds between the spouses. This can be a straightforward way to liquidate the business and divide the assets equitably. However, selling a business may not always be the best financial option, especially if the business is profitable and one or both spouses want to continue its operation.
Use a buyout agreement
If one spouse wants to retain the business, they can negotiate a buyout agreement. When this is done, one spouse essentially buys the other's share. They may use structured payments if that makes it easier financially, or a lump-sum payment if possible. Alternatively, they may sacrifice the right to retain other valuable assets that are part of the marital estate. The value of any buyout should be determined through a fair and accurate appraisal.
Co-ownership or a continued business partnership
In some cases, divorced spouses may choose to continue co-owning and operating their business together, even though they are no longer married. This option requires effective communication and a clear business partnership agreement to address decision-making, responsibilities and financial matters.
Often, whether or not co-ownership is a viable option just depends on the nature of the divorce and the relationship that the two people have moving forward. Some couples may be divorcing in the wake of an extramarital affair, for instance, and they may find it impossible to just redefine their relationship as business partners. Others may be involved in an amicable divorce, however, where they both agree that the romantic relationship didn’t work, but there is no truly significant tension between them. They would find it much easier to become business partners.
Exploring all options
Ultimately, each couple needs to assess for themselves which approach is most likely to help them reach their personal goals, their business goals and a fair divorce settlement overall. Seeking legal guidance can help to provide each spouse with this consequential clarity.]]>On Behalf of Dwire Law Offices, P.A.https://www.divorceminnesota.com/?p=516872023-08-25T23:14:18Z2023-08-25T23:14:18ZSexual infidelity
Oftentimes, when people talk about marital misconduct and infidelity leading to divorce, they mean physical or sexual infidelity. Learning that a spouse has conducted an extramarital affair can leave someone feeling betrayed and vulnerable. They may no longer trust their spouse with their physical and emotional health. Sexual infidelity can lead to pregnancy outside of the marital relationship and can also result in the transmission of communicable illnesses. When one spouse discovers that the other has been sexually unfaithful, that will frequently lead to a divorce filing.
Emotional infidelity
A surprising number of people who start an affair with someone other than their spouse will try to defend their actions by claiming that things never became physical until they separated from their spouse. However, they may have spent months giving attention, support and quality time to someone other than their spouse, which ultimately undermines the marital relationship. Emotional infidelity often culminates in sexual infidelity. Even when it does not, it can damage the trust and faith that one spouse has in the other.
Financial infidelity
There are cases in which one's spouse will use marital resources to cover the costs involved in maintaining an extramarital relationship such scenarios ad insult to injury by using marital assets for a purpose that directly undermines the marital relationship. However, someone does not need to have engaged in an extramarital affair to engage in financial infidelity. Serious financial infidelity involves misrepresenting one's economic circumstances to a partner. Lying about debt, hiding assets and under-reporting income are common forms of financial infidelity. Not only may financial infidelity lead to a divorce, but it can influence what the courts decide is appropriate when dividing assets and debts.
Learning more about the marital issues that often lead to divorce may help those facing challenging times plot a more informed path forward.]]>On Behalf of Dwire Law Offices, P.A.https://www.divorceminnesota.com/?p=516852023-07-28T13:50:34Z2023-07-28T13:50:34ZDependent spouses still have certain rights
The credits that determine what benefits someone receives from Social Security when they retire are a reflection of how long someone worked and how much income they contributed towards Social Security throughout their career. Spouses who left their careers to raise children or take care of the family home may qualify for benefits based on the income and contributions of the wage-earning spouse even after a divorce. Spouses who did work but did not earn as much as their spouse can also potentially qualify for benefits depending on the difference in income. The claims of a dependent or lower-earning spouse will not impact what the higher-earning spouse receives from the Social Security Administration (SSA) when they retire.
That means that both spouses can count on Social Security retirement benefits to help supplement whatever they retain of marital retirement savings after property division is complete. Although divorcing later in life often means making some economic concessions regarding what someone plans for their retirement years, there are still resources available to help adults live independently when they divorce regardless of their current employment status.
Learning more about the rules that apply to different benefits and resources will make preparing for life after a gray divorce more predictable. Seeking legal guidance is a good place to start.]]>