Category: Family Law
What’s the Difference between Legal Separation and Divorce in Minnesota?
February 3, 2014 | Elizabeth A. SchadingThere is plenty of confusion about the terms “legal separation” and “divorce”, simply because the terms are misused so often. These assumptions may lead people to make mistakes that can affect their family law case later. You can “separate” from your spouse simply by moving out of the home. When this happens, you’re still married and you aren’t filing any paperwork with the courts. How you handle your bills, assets, and child-rearing responsibility is up to you—it’s still a marital matter, even though one spouse is not living in the home. If you want to end a separation you’d simply move back into the home. It is not necessary for you to do this before you get a divorce. In fact, in Minnesota, there can be significant consequences for moving out of the marital home while seeking a divorce. What kinds of consequences? The biggest consequence can be that it will tell the court that you are making certain assumptions about who should live in the marital home and be the primary parent. It may be difficult to go back on those assumptions later if you want to stay in the marital home or take sole custody of your children. If you are desperate to get out of a contentious situation you will…
Read MoreLiz Schading Pens Article for Minnesota Women Lawyers Organization
February 3, 2014 | Barna, Guzy & Steffen, Ltd.Family Law Attorney Liz Schading recently authored an article for “With Equal Right” the online official journal of the Minnesota Women Lawyers organization. The article looks at the practice of Early Neutral Evaluation in Family law and how it can expedite some custody issues for parents.
Read MoreCan I Get a Minnesota Divorce if I got married in Another Country?
November 29, 2013 | Elizabeth A. SchadingYou can get a divorce in Minnesota as long as you’ve lived in the State of Minnesota for at least six months. It does not matter where you got married, even if you were married in another country. However, divorces can get very complicated if your spouse resides in or returns to another country. This situation can have a profound effect on issues of child custody, parenting time, child support, and enforcement. If both spouses reside in the State of Minnesota then the divorce would be handled just like any other Minnesota divorce. However, you and your attorney may wish to ensure that the conditions under which any children will be permitted to travel internationally are carefully outlined in any divorce settlement. You might also wish to understand exactly what the other country is obligated to do to enforce these agreements. Child custody issues are not the only issues that grow complicated in an international case, however. There are often special concerns when some marital assets are held overseas, as well. Make sure that you work very closely with your attorney should you find yourself in this situation. Your case will involve special levels of care. With 75 years of legal experience, Barna, Guzy, and Steffen is well-prepared to be your family law…
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