Category: Family Law
Division of Marital Property, Debt and Non-Marital Property – Is it Mine, Yours or Ours?
October 29, 2014 | Elizabeth A. SchadingThe division of marital property can be one of the most complicated aspects of a divorce in Minnesota. For each and every asset or property, there is always a question of whether it belongs to you, your spouse, or both of you. In the state of Minnesota, the property in a marriage will be marital, unless proven to be non-marital. Debt will also be divided equally between you and your spouse, but the reason the debt was incurred will be considered. What is Considered Marital Property? If you and your spouse are like most married couples, you’ve probably accumulated quite a bit over the years. The car you purchased, those nice wine glasses in your cabinet or even the family boat may all be considered marital property. However, marital property extends beyond just tangible items; it can also include pension plan benefits, stocks and land. Any items that were purchased or were given while you were married will be presumed to be marital property. Oftentimes, courts will make an equal division of the property, although this is not always the case. What Happens to Debt? Just like property, debt can also be considered non-marital. Whether or not the debt is considered non-marital will depend on: When it was borrowed Who borrowed the money…
Read MoreHow Do Minnesota Courts Decide Custody of a Child?
October 27, 2014 | Elizabeth A. SchadingMinnesota law considers the best interests of the child, so a wide variety of factors are taken into consideration and no one factor takes precedence over another. The courts may award joint physical custody if the arrangement is practical and in the child’s best interest. Some factors that the courts take into consideration are: Where the child goes to school and the local community. If a child is already well adjusted in his or her current school and community, it may not be in the child’s best interest to force the child to move. The opposite can also be true. If a child is not well adjusted in their current environment, he or she may be better off moving to a new community and attending a new school. The parent who will remain in the family’s home. If one parent will remain in the family’s home and can provide a stable environment, they will have an advantage over the parent who is constantly moving from one home to another. How long the child has been living in the family’s home. The parent’s wishes. The parent who has served as the child’s primary caretaker. In some cases, one parent acted as the child’s primary caretaker. He or she was responsible for the child’s day-to-day…
Read MoreWho 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 More