Category: Family Law
How 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….
Read MoreCan I Take a Job Out of Minnesota After My Divorce?
March 13, 2013 | Elizabeth A. SchadingIf you and your former spouse don’t have any mutual children, then a move out of Minnesota after a divorce should not create a problem. As we outlined in our Minnesota Divorce Laws Basics article, when children are involved, things get more complicating. If you have a standing parenting time arrangement, a move out of Minnesota becomes a much trickier proposition. After all, the courts typically want to do everything in their power to ensure that children get time with both parents, and there’s no denying that out-of-state moves can make this goal harder to attain. That doesn’t mean that it’s impossible for you to move. It just means that moving isn’t as simple as packing your bags, especially if you’re the parent with physical custody of your children and you are proposing to move them away from the other parent. If you wish to move you will need one of two things: either the agreement of your ex (in writing) or a court order granting you permission to go. If you have to take the matter to court you will need to be prepared to show that your move would be in the child’s best interests. It may be easy to show that the move is positive if you’re moving to take…
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