Category: Family Law
Legal Separation vs. Informal Separation in Minnesota
April 13, 2016 | Elizabeth A. SchadingInformal separations happen when one spouse simply moves out of the home. As covered in a previous post, this can give the other spouse significant advantages if a divorce occurs down the road. If a divorce is later decided upon as the way to proceed, the person who had remained in the home may have more rights to maintain ownership as well as more access to the items within the home. The person who moved out may find him/herself at a disadvantage if the relationship has now dissolved past the point of being able to negotiate openly and fairly. However, sometimes informal separations are a cooling off period and the couple may decide to remain together. Every couple’s situation is different. [maxbutton id=”1″ ] Legal separation is uniquely different from Informal Separation because it actually goes through the court system. It does not dissolve the marriage, but it still allows the courts to outline the rights and responsibilities of each party during the separation period. Many of the same issues are covered by a legal separation in Minnesota as by a divorce. You may divide up property and debts, decide who maintains possession of the house or cars, and get clarity on who sees the children and when. However, you and your spouse…
Read MoreMost Common Family Law Matters
March 31, 2016 | Elizabeth A. SchadingFamily law disputes can be emotionally draining for all parties involved. While there are numerous issues that fall under the family law umbrella, some are more common than others. Some of the most common issues include: Divorce Divorce is what most people think of most often when they hear the term “family law.” Simply put, divorce is the dissolution of marriage, and the process terminates the legal status a couple had together while they were married. In addition to losing the legal status of being married, couples will also go through the sometimes difficult tasks of dividing up their assets and debts, agreeing on child custody/support arrangements, and a host of other issues. Child Support/Custody Child support and custody issues are common during a divorce. Minnesota, like other states, has its own guidelines for determining how much child support a parent will need to pay, and these guidelines will vary by case. Child custody can be agreed upon by the parents outside of the courts, or if both parents cannot come to an agreement, the matter will be settled in court by a judge. The court will base its decision on the best interests of the child, and in some cases, may take the child’s wishes into account when making a final decision….
Read MoreDealing with Financial Matters in Divorce
December 14, 2015 | Elizabeth A. SchadingDivorce can be complicated – especially when it comes to financial matters. Even couples who are otherwise cooperative on other issues may find themselves at odds when dividing assets. Numerous things can prevent a couple from coming to an agreement on financial matters and ensuring that each party is satisfied. A complex financial portfolio, valuable collectibles, business ownership interests and other assets can make it more challenging to settle financial disputes in a divorce. In some cases, a spouse will delay the process by taking a while to provide financial information. Further delays can be caused by unorganized or poorly-prepared paperwork. One way to overcome complex financial issues is a Financial Early Neutral Evaluation, or FENE. This evaluation is held with either an accountant who has extensive knowledge of property issues, or a skilled attorney. Evaluators generally have extensive experience working with the local court system, and will be realistically evaluate how property issues will likely be decided. While an evaluator can’t know for sure how a judge will decide, he or she can help you determine which property would likely be considered marital and non-marital. In addition, an evaluator can provide you with alternative options for handling pay-outs, like the division of 401K and spousal maintenance. Bringing in a third party to…
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