Posts Categorized: Divorce

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 »

Credit Card Companies Don’t Care What the Divorce Decree Says

Posted by & filed under Divorce.

When a couple gets divorced, and the divorce decree makes one spouse responsible for credit card debt (or other debt), the other spouse should not have to worry about the credit card company contacting them for payment, right? Wrong. The divorce decree determines rights and responsibilities as between the spouses; but in most circumstances, the… Read more »

Transfers Incident to Divorce – 401(k)’s and IRA’s

Posted by & filed under Divorce.

When someone’s 401(k) interest is divided in a divorce, neither party must suffer a tax consequence or an early withdrawal penalty. The funds from the 401(k) transferred from one spouse to the other may be rolled over, without consequence, provided that the rollover is completed within sixty days. For example, if spouse A receives $50,000… Read more »

The House You Owned Before The Marriage

Posted by & filed under Divorce.

If a married couple gets divorced, and one of the spouses owned their home before the marriage, the house is part marital property and part nonmarital property. The value of the house at the time of the divorce can be divided into several categories: (1) the equity the owning spouse had in the home at… Read more »

New Divorce Study

Posted by & filed under Divorce.

A new study on children of divorce has been mentioned in recent news headlines. Allen Li, of the Rand Corporation, evaluated children before and after their parents divorced, between 1979 and 2002. The more common methodology of past research had compared children of divorce to children in intact families. Li’s study drew upon a national… Read more »

Changing Your Mind About Divorce

Posted by & filed under Divorce.

If someone starts a divorce action and then changes their mind about it, then the consequences depend on the intentions of the other spouse. If the other spouse wants the divorce to proceed, then the divorce will proceed. But if the other spouse does NOT want the divorce, then the divorce action is dismissed, and… Read more »

Getting a Divorce By Mail

Posted by & filed under Divorce.

In Minnesota, the family court will grant a divorce in certain cases without the parties coming to court to appear in person. If there are no minor children involved, the court will sign off on a stipulated decree (agreement signed by both parties) submitted by mail if the reviewing judge is satisfied that the stipulated… Read more »

Joint Physical Custody Presumption Subjected to Study

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

Today there was a committee hearing at the Minnesota Legislature on a proposed bill to enact a presumption in favor of joint physical custody. The bill would establish a rebuttable presumption that joint physical custody is in the best interests of a minor child. (Minnesota law already has a presumption that joint legal custody is… Read more »