Category: Divorce
How to Plan a Parenting Time Schedule for Summer
May 1, 2024 | Jason C. Brown
Child custody is a complex matter that can be difficult for parents and children. Summer vacation often brings further complications as children are off from school and families make travel plans. With summer quickly approaching, we’ve put together a guide of things to know and best practices to follow when making your summer parenting time schedule. Check Your Legal Papers The first step in planning time with your children this summer is to examine your court orders and legal agreements with the other parent. Parenting time is separate from custody, and non-custodial parents are generally awarded at least 25 percent of their children’s total parenting time. In Minnesota, parenting time is measured based on the number of overnights a child spends with a parent over an entire year. Your court-issued parenting time order may specify seasonal changes in these arrangements. Consider Summer Schedules Next, make sure to account for how everyone’s schedules may change during the summer, including you, the other parent, and your children. Do you or the other parent work seasonal jobs or attend school? Do either of you have summer hobbies that would affect your schedule? Your children may also work summer jobs or attend summer camps. Older children may have recently acquired driver’s licenses and desire to spend more…
Read MoreThe Benefits of Prenuptial Agreements
March 1, 2024 | Jason C. Brown
Prenuptial agreements, often referred to as “prenups,” are legal documents designed to outline the division of assets and financial responsibilities in the event of divorce or the death of one spouse. While some people may view prenups as something that is negative or unnecessary, prenups can offer significant benefits for couples entering into marriage. Continue reading as we explore the benefits of prenuptial agreements. Asset Protection One of the primary benefits of a prenuptial agreement is the ability to protect your assets that you acquired before your marriage. This is important for individuals who have substantial assets, such as real estate, investments, or business interests. A prenup will specify which assets will remain separate property and which will be considered marital property, providing clarity and protection in the event of divorce. Debt Protection In addition to protecting assets, a prenuptial agreement addresses how debts will be handled during the marriage and in the event of divorce. Without a prenup, spouses may be liable for each other’s debts accumulated during the marriage, even if they were incurred independently. A prenuptial agreement can specify that each spouse will be responsible for their own debts, providing peace of mind and financial security. Protection of Your Family Assets Individuals with children from previous relationships may use prenuptial…
Read MoreHow Does the Court Determine Spousal Maintenance?
October 27, 2023 | Jason C. Brown
Spousal maintenance, also known as alimony, is an emotionally charged issue some divorce litigants may face. The person being asked rarely wants to pay, while the person seeking spousal maintenance believes they need it. So, how does the court determine spousal maintenance? Keep reading to learn more. No Real Blueprint The tricky thing about spousal maintenance is that there is no specific formula set forth in the law. While the issue of child support is addressed by a very specific mathematical equation, alimony is not. However, the following framework may be helpful. The starting point when considering an award of spousal maintenance involves an examination of the needs of the requesting party. That party must put together a summary of anticipated monthly expenses following divorce, and the budget must be reasonable. The reasonableness of a budget is measured against the standard of living the parties enjoyed during the marriage. Next, the requesting party’s income, or potential income, is considered. The law provides that those seeking an award of spousal maintenance must be as meaningfully employed as possible. That usually means full-time employment in line with a litigant’s educational background and work experience. If the party seeking alimony is not so employed, the court may impute income equal to their potential earnings. Determining Need…
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