Category: Family Law
How is Child Custody Determined in a Minnesota Divorce?
February 21, 2015 | Elizabeth A. SchadingChild custody is one of the most complicated issues in a Minnesota divorce. Although custody issues seldom go to trial, it’s still difficult for parents to come to an agreement on who should have custody of the child, or if the custody should be shared. It’s important to understand the types of child custody in Minnesota and how custody is determined. Types of Child Custody In Minnesota, there are two primary types of child custody: • Physical • Legal Physical refers to the child’s day-to-day routine and where he or she lives. Legal refers to how the child is raised, such as what school the child attends, his or her health care and religious upbringing. Some parents share custody, which is known as either joint legal or joint physical custody. But in some cases, one parent may have sole custody (both physical and legal) of the child. When parents share legal custody, it means that both parents will share the decision making when it comes to how the child is raised. When parents share physical custody, it means that the child’s residence and daily routine will be split between both parents, but not necessarily on an equal basis. How Child Custody is Determined In Minnesota, child custody can be determined in two ways:…
Read MoreWhat Are the Steps in a Divorce Proceeding?
January 12, 2015 | Elizabeth A. SchadingIn the state of Minnesota, a divorce is called a ”dissolution of marriage.” Barring a justifiable emergency, in order to be eligible for a divorce, either you or your spouse must be living in the state for at least 180 days. Just like in any other state getting a divorce in Minnesota can be a lengthy process that may take several months to several years to complete. We understand that the decision to divorce can be a difficult decision to make. The attorneys at Barna, Guzy & Steffen have over 80 years of combined experience in family and divorce law. If you’d like to speak with an attorney, contact BGS today at (763) 780-8500. Before we discuss the actual steps in a divorce proceeding, let’s cover a few basics. What You Need to Know about divorce in Minnesota If you have children or significant property, the divorce will be more complicated. If you and your spouse can come to an agreement on child custody issues and/or how to divide your property, the divorce can move along quickly. If you have children, the court will require you to attend a certified divorce education program. Steps in a Minnesota Divorce Proceeding There are four basic steps in the state’s divorce proceeding: Summons and Petition To…
Read MoreDivision of Marital Property, Debt and Non-Marital Property – Is it Mine, Yours or Ours?
October 29, 2014 | Elizabeth A. SchadingThe division of marital property can be one of the most complicated aspects of a divorce in Minnesota. For each and every asset or property, there is always a question of whether it belongs to you, your spouse, or both of you. In the state of Minnesota, the property in a marriage will be marital, unless proven to be non-marital. Debt will also be divided equally between you and your spouse, but the reason the debt was incurred will be considered. What is Considered Marital Property? If you and your spouse are like most married couples, you’ve probably accumulated quite a bit over the years. The car you purchased, those nice wine glasses in your cabinet or even the family boat may all be considered marital property. However, marital property extends beyond just tangible items; it can also include pension plan benefits, stocks and land. Any items that were purchased or were given while you were married will be presumed to be marital property. Oftentimes, courts will make an equal division of the property, although this is not always the case. What Happens to Debt? Just like property, debt can also be considered non-marital. Whether or not the debt is considered non-marital will depend on: When it was borrowed Who borrowed the money…
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