Can I File for Divorce in Minnesota if I Don’t Know Where My Spouse Is?
May 16, 2013 | Elizabeth A. SchadingSometimes a divorce happens because a spouse simply abandons the family. Sometimes families start with a separation, only for a spouse to go MIA. Sometimes, a spouse even hides from another spouse, thinking that this is the best way to avoid being served with divorce papers. However, you can get a divorce even if you don’t know where your spouse is. Minnesota allows for service of divorce papers through alternate means when all reasonable avenues have been tried to find and serve your spouse through normal means. Service by publication requires a court order, but the order will be granted if you provide facts sufficient to prove that you cannot find your spouse. Once the papers have been served through alternate means the divorce will continue. Your spouse has a certain amount of time to file an Answer to your petition for divorce. If your spouse fails to file an Answer then the courts will usually move forward with a “default” Judgment of Divorce. The issues of the divorce will be settled, most likely as you request, and you will no longer be married. If your spouse is missing you should not assume that your divorce will be uncontested, however. Strange things can happen at the last minute. This is not the time…
Read MoreLong-Term Disability Benefits Law – Looking at Options
May 15, 2013 | John T. BuchmanPersonal Injury and Long-Term Disability It’s no secret that employees are working longer and people are living longer than ever before. The economic conditions have caused many employees to push back their retirement date. One consequence of these facts is that there has been a marked increase in long-term disability claims by disabled employees. Many employers provide long-term disability benefits as part of their employment package. I recently assisted two clients in obtaining “LTD” benefits. These turned out to be quite involved and time intensive. One required an internal appeal in which we were successful. In order to be entitled to long term disability benefits, a person has to be “disabled” continuously for the initial “elimination” or waiting period and beyond. This disability need not be, and in fact is often not, due to a work-related injury. Disability can be established by a combination of unrelated injuries, conditions or illnesses that combine to prevent a person from working for the required period of time. Different policies can define “disability” differently. Many policies adopt the definition of disability found in the Social Security Disability Act. However, the policies need not use that definition and many do not. Generally, these definitions require that the person be unable to perform the material and substantial duties of…
Read MoreWhen Does Child Support End in Minnesota?
May 13, 2013 | Elizabeth A. SchadingWhile you might feel like your child support obligation is going to go on forever there is an ending date. In Minnesota, your child support will end when all of your children from the marriage have turned eighteen, or when they graduate from high school, whichever is later. Child support obligations do not extend past the age of 20 even if the child has not graduated from high school. There’s only one exception to this: if you have a special needs child that is unlikely to be physically or mentally capable of meeting his or her own needs. Each of these cases is determined on a case-by-case basis, taking into consideration receipt of social security or other financial benefits available to the child. [maxbutton id=”1″ url=”https://bgs.com/contact-us/?july” text=”Get Legal Help Now” ] What about college? You and your spouse might agree to send a child to college together, but you’re not obligated to do so unless you and your spouse signed something to that effect during your divorce settlement. Child support ends automatically. You don’t have to go back to court. You can simply stop paying the support unless you had an income withholding order. If you did, you’ll need to make sure that your case manager knows the child’s 18th birthday or high…
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