Who Gets Custody if a Spouse Cheated?
March 17, 2014 | Elizabeth A. SchadingMany people assume that the conduct of the spouse leading up to the divorce is a big factor in who gets custody. The truth is more complex than that when it comes to divorce and Minnesota family law. Minnesota Divorce Laws Minnesota is a no-fault divorce state. That means that the court isn’t really concerned with the reasons behind the divorce. You will not get custody automatically just because your spouse cheated. However, your conduct during the divorce does matter. If you are spending more time with the new beau or belle than you are with your children then you can expect this behavior to have an impact. If you are inviting the new beau or belle to sleep overnight while the children are in the house then you can expect this behavior to have an impact as well. Adultery isn’t the issue. Parenting is the issue. Most divorce attorneys will tell you that the courts want to see that you are able and willing to be a responsible, loving parent and a good role model to your child. Dealing With Adultery in Divorce If your spouse is the cheater then you should know that you can’t take custody for granted. You still need to do everything that you can to put your best…
Read MoreExpungement Law Update
March 17, 2014 | Jon P. EricksonA bill to reform a number of aspects of the existing expungement laws has been drafted and filed with both the Minnesota House and Senate. On March 5th I sat in on a hearing before the Judiciary Committee of the House on the bill. What’s in the Bill? A summary of the bill describes the bill as “expanding judicial expungement authority over juvenile expungements; requires business screening records to keep their criminal records current; allows for eviction records to be expunged at the time of judgment; expands the scope of statutory expungement in chapters 609A; creates a path to expungement without petitioning the court; amends the factors for a court to consider in granting a statutory expungement ; amends the law governing access to expunged records; and creates additional notice requirements for expungement orders.” A couple of amendments were offered on the floor which were not opposed by the bill’s author, and the law as amended was passed out of the committee and sent to the House civil law committee. It is not expected to have much if any opposition in that committee. This is all good news. The bill is moving forward at a fast pace. No one who testified at Wednesday’s hearing testified in opposition to the bill. The current bill…
Read MoreAre Marital Assets Always Split 50/50?
March 13, 2014 | Elizabeth A. SchadingMarital assets are not always split 50/50. Marital assets are split according to “equitable distribution.” It is easy to confuse equitable distribution with equal distribution, but they are not the same. Equal distribution would be a 50/50 split. Equitable distribution takes many factors into account, including the length of the marriage, the contribution of both parties to the marriage, and a host of other factors. Minnesota courts do treat the contributions of a homemaker as being equal in value to the contributions of a bread-winner. You are at no special advantage or disadvantage if you made more or less money than your spouse. Family law in MN assumes that both spouses were responsible for amassing the marital estate. Equitable distribution is really just another way of saying “fair.” The court strives to remain fair in how it deals with your assets and debts. That doesn’t mean that you’ll feel like the settlement is fair, nor does it mean that the courts are always right. It is what it is. Equitable distribution is one reason why divorce mediation may be the right option for many families. You and your ex probably have a better idea of what is truly fair and equitable to both of you than a judge does. If you are both…
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