Posts Categorized: Divorce

Why 50-50 Property Divisions Are Common, But Not Required

Posted by & filed under Divorce.

Minnesota law requires that the division of a marital estate to be “fair and equitable.”  The law does not require the division to be EQUAL.  But often equal is fair, and anything other than equal is not fair.  Here is why: if the parties reach an out-of-court settlement, they will negotiate the terms.  Both spouses… Read more »

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Default Divorce

Posted by & filed under Divorce.

If you start the divorce process, your spouse has thirty days to respond to the petition.  What happens if the responding spouse does nothing during the thirty-day period?  Technically, the responding spouse is in default. That means that the responding spouse has forfeited the opportunity to participate in the divorce process. This situation may sound… Read more »

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Tax Effect on Assets in Divorce

Posted by & filed under Divorce.

When two spouses divide assets in a divorce, it is important to pay with attention to the tax consequences connected with certain assets.  The clearest example is retirement assets.  Usually, when someone receives a payment or distribution from a retirement account, it is a taxable event.  So, someone in a twenty-eight percent tax bracket, who… Read more »

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Divorce Mediation – With or Without an Attorney?

Posted by & filed under Divorce.

When a divorce case is submitted to the family law mediation process, the parties sometimes will have their attorneys present, and sometimes will not. Most mediators will not insist on the attorneys being present or on the attorneys being excluded from the process. However, it is also the case that most mediators will require that… Read more »

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Marital Interest in Real Estate

Posted by & filed under Divorce.

When a married couple owns a home, both spouses have an interest in the home, whether or not the house is titled in both spouses’ names.  So if one spouse lives in a home for two years before the marriage, then gets married, the other spouse’s name does not need to be added to the… Read more »

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Selling the House in a Bad Market

Posted by & filed under Divorce, General Family Law.

One of the dilemmas that divorcing couples are currently faced with in this rough economy is how to deal with the marital homestead. In a depressed real estate market, it is not an optimum time to sell the house.  But selling the house is a necessity for many couples in which neither spouse can afford… Read more »

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Moving Out of State With Minor Children

Posted by & filed under Custody, Divorce, General Family Law, Guardian ad litem, Parenting Time.

One important change in Minnesota law in recent years pertains to changing the state of residence of minor children.  Previously, Minnesota was one of a minority of U.S. states to allow a custodial parent to move with a child to another state unless the non-moving parent proved that the move was contrary to the child's… Read more »

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Why Mediation Is a Good Idea

Posted by & filed under Divorce, General Family Law.

Family law mediation is a forum in which a neutral party (the mediator) meets with parties to help facilitate a settlement of the disputed issues or, in the alternative, to rule out settlement exhaustively, and help the parties reach an impasse.  The mediator has no authority to make a decision or impose something upon one… Read more »

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Dividing Personal Property

Posted by & filed under Divorce, General Family Law.

When a couple divorces, the personal property must be divided.  That includes households goods and furnishings, and general "stuff" in the home.  While the division of items can often be a contentious subject, family court judges discourage spouses from devoting too much time and emotion (and expense) to it.   In many cases, the spouses… Read more »

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