Will the Courts Punish My Spouse for Cheating On Me?
March 10, 2014 | Elizabeth A. SchadingIt’s natural to be angry when your spouse cheats on you. But the courts are not going to reach out to “punish” your spouse for it, even if the adulterous behavior is one of the reasons why the marriage fell apart. Minnesota is a “no fault” state. That means that the courts essentially do not care why the marriage is ending. It is assumed to be nobody’s fault and everyone’s fault—a sort of “it takes two to tango” philosophy. Cheating may only affect the divorce if the spouse spent a great deal of your marital assets pursuing the relationship. You would have to prove this. For the most part, however, the major issues of the divorce will be decided in exactly the same manner that they would have been decided had the spouse been faithful. The courts treat a marriage primarily as a business partnership. Your marriage is almost like a company that grows and generates assets. This is a special partnership because children are often involved, but from the court’s perspective you are still dissolving a contract. The court’s main concern is to get that contract dissolved with as little damage to both parties as possible and as little damage to the children as possible. That means it’s simply going to follow…
Read MoreAm I Entitled to Spousal Support/Alimony?
March 5, 2014 | Elizabeth A. SchadingNobody is necessarily “entitled” to spousal support—spousal support awards are always at the judge’s discretion. However, there are a few “tests” that can be applied to your specific case to determine whether or not it is likely that the courts will award spousal support for your Minnesota family law case. First, there’s a means test. Will you have enough income/resources to provide for your needs without spousal support? The means test would include your assets after marital property is divided, your employment or income, and any non-marital property that you may have. Second, there’s an ability test. Are you able to generate income? If you’re at home caring for a special needs child, or if you’ve been a homemaker for twenty years and don’t have the education or training to secure gainful employment you may be a candidate for spousal support. In addition, spousal support doesn’t necessarily last for the rest of your life. It may only last for enough years to get you the education and training that you need. If you’re a candidate for spousal support at all there are still a number of factors the judge will consider before awarding an amount. Those factors include the length of time that you’ve been married, the standard of living that you had…
Read MoreWhat is Parental Alienation?
February 25, 2014 | Elizabeth A. SchadingParental alienation is a psychological term, not a legal term. It covers instances where one parent engages in a focused campaign of psychological manipulation to actively turn a child against the other parent. The motivations behind this are many. Sometimes it is used as a weapon during a custody dispute. Sometimes this action arises as a result of a parent’s anger. Cases can range from mild to severe. Alienation is distinguished from estrangement. In cases of Parental Alienation Syndrome the alienating parent might say things like, “Mom or Dad left because they doesn’t love us/love you.” The alienating parent may also disclose details of the divorce case to the child, in the hopes of making the child angry with the other parent. Parental alienation can have severe psychological consequences for children when in fact, the child should be encouraged to have a relationship with both parents. Estrangement is different. Estrangement is a result of the parent’s own actions. Usually the estranged parent does not make contact with the child a priority. Sometimes an estranged parent will accuse the other parent of alienation when the child expresses anger, even though the anger is a reasonable result of the estranged parent’s decisions to avoid taking advantage of parenting time or to avoid contact. Legally, invoking…
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