Can 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…
Read MoreWho Gets the Rings after a Divorce?
November 25, 2013 | Elizabeth A. SchadingSometimes, wedding and engagement rings are worth quite a bit of money, leading clients to ask us who might receive those rings in a divorce settlement. The answer is more complicated than you might think. It’s usually a decision tinged with emotion for the parties, and timing for the court. Engagement rings are typically given prior to the wedding. However, if the ring is not entirely paid for by that date, it may be paid for after the wedding with marital funds. Then, it would be part non-marital gift, and part marital. The same financing may be true of wedding rings. Thus, an analysis of payment and timing of payment will be relevant. It can be even more complicated if the ring has been handed down through the family, and now an heirloom could end up with a non-relative – the ex-spouse. Other jewelry is typically a very different matter, even if that jewelry was originally a gift given to a spouse during the course of the marriage. Other jewelry is marital property and is typically divided up appropriately. If there are particular pieces that you feel strongly about holding on to then you will want to be sure to discuss those pieces with your family law attorney, just as you’d discuss any…
Read MoreHow Do Courts Determine Custody of Unborn Children During a Divorce?
November 21, 2013 | Elizabeth A. SchadingA father’s claim to custody rests marriage or a determination of paternity. Paternity is difficult to establish before a child is born. Sometimes, a court will not enter a divorce decree until the child is born. After birth, the judge will determine custody according to the court’s understanding of what would be in the best interests of that child. Keep in mind that the court’s preference is to help both parents maintain a relationship with their children. It’s not a bad idea for either parent to start thinking about how they might work to facilitate such a process. A divorce that involves an unborn baby can be particularly emotional and difficult to navigate for either parent. Make sure you have a qualified family law attorney on your side. Contact Barna, Guzy, and Steffen to discuss your divorce case today.
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