Category: Family Law
Can You Hide to Stop Your Divorce in Minnesota?
November 14, 2013 | Elizabeth A. SchadingIf you know that your spouse will be sending divorce papers, can you hide from the process server to keep the divorce from happening? You may be tempted to try it, but in Minnesota, this tactic simply won’t work. In fact, attempting it could even make things worse for you. If your spouse makes every reasonable effort to locate you, then he or she may use an “alternative method” for serving you the divorce papers. It will take a little longer because he or she will need a court order to do so, but eventually you could find yourself being “served by publication,” which means the petition will simply be published in a local paper. If you’re busy hiding you might not even realize this has happened. This means you could run out of time to file an Answer to the Summons and Complaint. You may lose your chance at having any say in the major issues of your divorce, issues such as child custody, child support, parenting time, spousal support, and the division of assets. Once a default judgment of divorce is entered, the court will typically determine the major issues of divorce exactly as your spouse requested, because you took no part in the decision. Hiding won’t help you reconcile with…
Read MoreMore Couples Divorcing After 50
November 13, 2013 | Elizabeth A. SchadingAccording to The New York Times, more couples are starting to divorce after the age of 50. A half-century ago, only 2.8 percent of Americans older than 50 were divorced. By 2000, 11.8 percent were. In 2011, according to the Census Bureau’s American Community Survey, 15.4 percent were divorced and another 2.1 percent were separated. Some 13.5 percent were widowed. While divorce rates all over have stabilized and even inched downward, the divorce rate among people 50 and older has doubled since 1990, according to an analysis of census data by professors at Bowling Green State University in Bowling Green, Ohio. That’s especially significant because half the married population is older than 50. In 1990, 1 in 10 persons who divorced was 50 and older. By 2011, according to the census’ American Community Survey, more than 28 percent (more than 1 in 4) who said they divorced in the previous months were 50 and older. Divorcing after 50 can bring some special considerations. While child custody is usually no longer an issue, an older couple will typically be either retired or rapidly approaching retirement. An older couple will also typically have more marital property to account for. There are also usually some special estate planning considerations that must be tackled during the divorce…
Read MoreWhat is Early Neutral Evaluation (ENE)?
August 12, 2013 | Elizabeth A. SchadingEarly Neutral Evaluation, or ENE, has become a pretty common component of family law cases in Minnesota. It’s a voluntary process of evaluating and mediating the issues of a divorce. Parties may opt into Financial Early Neutral Evaluation. This will be conducted by one skilled evaluator, who may be an attorney or accountant. In the case of divorce or other family matter involving children, parties may opt into Custody/Parenting Time (CPENE) also known as Social Early Neutral Evaluation (SENE). This will be conducted by a male/female team who are experienced family law attorneys, social workers, psychologists, or other professionals knowledgeable about children’s best interests. Some couples will use both processes. How Does It Work? You, your spouse or other parent, and attorneys (if you have them) will meet with the evaluator(s). The process will take three or four hours, and a fee will be assessed prior to the meeting so that you will know how much it will cost. Each side has the chance to present their information about how they feel the issues should be resolved. The evaluators will ask questions. Ideally, an agreement will be reached, just like in any divorce mediation. We recommend our clients go into an ENE with an open mind if they choose to exercise the option,…
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