What Happens to the Family Pet During a Divorce in Minnesota?
March 28, 2013 | Elizabeth A. SchadingThe fate of the family pet is not always the first thing people think about when a divorce is on the horizon. Yet your beloved dog or cat has to go with one of you. Here’s what you need to know about pets and divorce in Minnesota. First, you might see your dog as your “furry child,” but the courts generally don’t. That means the courts are not, in general, going to rule on things like visitation and “pet support,” (which doesn’t exist). Pets are instead considered to be part of the marital property. You also shouldn’t expect the courts to order your spouse to pay a share of the vet bills if you get Fluffy or Fido. If you get the “property” you usually get the costs of maintaining that property, too. That’s not to say that judges don’t recognize that there are some special considerations to think about when it comes to pets. Here are some of the factors the judge might consider: When did the pet arrive? If your spouse owned the dog or cat before you were married it might just be classified as your spouse’s personal property, rather than as marital property. Who takes care of the pet? The spouse who takes primary responsibility for feeding, exercising, and/or…
Read MoreHow Can I Make a Positive Impression in Divorce Court?
March 25, 2013 | Elizabeth A. SchadingWhen you get a divorce you are putting a big portion of your future into the hands of someone who doesn’t know you very well: the judge. A judge has little to go on except what’s in the divorce papers, the arguments of divorce lawyers, the testimony of any witnesses that might be called and how you present yourself in the courtroom. From these incomplete sources he or she will determine some of the most important issues in your life. If you have children the judge will, in particular, be trying to determine parenting rights. First, pay attention to your conduct prior to your court date. This is a bad time to go out drinking and posting the pictures on social media. You want to make sure you present yourself in the best possible light instead of giving your soon to be ex-spouse fuel to the fire. Assume you are living under a microscope. Assume that you’ll have to make an accounting of nearly every action you take once divorce papers have been served. Watch what you say, both in the courtroom and outside of it. As mentioned above, this means pay particular attention to electronic communications during a divorce. Avoid threatening or vindictive statements. Assume that everything written, including e-mails and texts,…
Read MoreHow Does Adultery Impact Divorce in Minnesota?
March 18, 2013 | Elizabeth A. SchadingMinnesota is a no-fault divorce state. That means that adultery doesn’t always have the impact that people imagine. Your spouse’s adultery doesn’t necessarily mean that you’ll “get everything.” Your own adultery doesn’t necessarily mean you’ll lose everything. In fact, there are only few ways in which adultery might be relevant to a divorce case. The courts will want to look at three aspects of the adulterous relationship, and two of them only apply if you have children. If you have children the courts will want to know how much time was spent on the affair. If parenting time took a back seat to spending time with the new lover and did so for a long period of time then the affair could have a detrimental effect on the custody position of the adulterous spouse. It may be relevant if the children have been introduced to the new person in your life, and the amount of contact there has been. The court will also be concerned with whether or not the spouse’s lover has been or would be a bad influence on the children. A lover’s criminal background, history of mental illness or addiction problems could all prove relevant to custody determinations. Your children’s feelings about the lover can also matter a great deal….
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