Category: Family Law
How Do Minnesota Courts Decide Custody of a Child?
October 27, 2014 | Elizabeth A. SchadingMinnesota law considers the best interests of the child, so a wide variety of factors are taken into consideration and no one factor takes precedence over another. The courts may award joint physical custody if the arrangement is practical and in the child’s best interest. Some factors that the courts take into consideration are: Where the child goes to school and the local community. If a child is already well adjusted in his or her current school and community, it may not be in the child’s best interest to force the child to move. The opposite can also be true. If a child is not well adjusted in their current environment, he or she may be better off moving to a new community and attending a new school. The parent who will remain in the family’s home. If one parent will remain in the family’s home and can provide a stable environment, they will have an advantage over the parent who is constantly moving from one home to another. How long the child has been living in the family’s home. The parent’s wishes. The parent who has served as the child’s primary caretaker. In some cases, one parent acted as the child’s primary caretaker. He or she was responsible for the child’s day-to-day…
Read MoreWho Gets Custody if a Spouse Cheated?
March 17, 2014 | Elizabeth A. SchadingMany people assume that the conduct of the spouse leading up to the divorce is a big factor in who gets custody. The truth is more complex than that when it comes to divorce and Minnesota family law. Minnesota Divorce Laws Minnesota is a no-fault divorce state. That means that the court isn’t really concerned with the reasons behind the divorce. You will not get custody automatically just because your spouse cheated. However, your conduct during the divorce does matter. If you are spending more time with the new beau or belle than you are with your children then you can expect this behavior to have an impact. If you are inviting the new beau or belle to sleep overnight while the children are in the house then you can expect this behavior to have an impact as well. Adultery isn’t the issue. Parenting is the issue. Most divorce attorneys will tell you that the courts want to see that you are able and willing to be a responsible, loving parent and a good role model to your child. Dealing With Adultery in Divorce If your spouse is the cheater then you should know that you can’t take custody for granted. You still need to do everything that you can to put your best…
Read MoreAre Marital Assets Always Split 50/50?
March 13, 2014 | Elizabeth A. SchadingMarital assets are not always split 50/50. Marital assets are split according to “equitable distribution.” It is easy to confuse equitable distribution with equal distribution, but they are not the same. Equal distribution would be a 50/50 split. Equitable distribution takes many factors into account, including the length of the marriage, the contribution of both parties to the marriage, and a host of other factors. Minnesota courts do treat the contributions of a homemaker as being equal in value to the contributions of a bread-winner. You are at no special advantage or disadvantage if you made more or less money than your spouse. Family law in MN assumes that both spouses were responsible for amassing the marital estate. Equitable distribution is really just another way of saying “fair.” The court strives to remain fair in how it deals with your assets and debts. That doesn’t mean that you’ll feel like the settlement is fair, nor does it mean that the courts are always right. It is what it is. Equitable distribution is one reason why divorce mediation may be the right option for many families. You and your ex probably have a better idea of what is truly fair and equitable to both of you than a judge does. If you are both…
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