Category: Family Law
When is a Divorce Final?
July 22, 2013 | Elizabeth A. SchadingMany parts of your life will seem to go “on hold” when you are getting a divorce. It’s important to understand when a divorce is final so that you don’t start engaging in activities (like dating) that should really be avoided until the process is complete. It’s common for clients to “feel divorced” when they begin the divorce. Then they discover that divorce is a process, one that can go on for a very long time and feel never-ending. This is frustrating, but until that process is complete you are still legally married in the eyes of the state. There are different types of paperwork that are involved in a divorce that can help you understand when a divorce is final. The first is the “Summons and Petition.” The spouse who initiates the divorce has this document “served” on the other spouse. This means that someone is hired to physically walk up to your spouse and deliver the documents. They cannot be mailed. However, one could agree to accept service by signing an Admission of Service. What’s in the Summons and Petition? The information includes general information like the names of both parties, the address of both parties, the names of all children, and information about employment, assets, and debts. It also includes…
Read MoreCan I Date During My Divorce?
July 20, 2013 | Elizabeth A. SchadingMany people want to know if they can date during their divorce. You can date. There’s certainly no law against dating during your divorce. However, that doesn’t mean you should date. One reason why you should not date is that it may inspire your spouse to fight you harder than ever before. Divorce has a strong emotional element, and that element can impact how your divorce proceeds. Issues that may have been resolved quickly could suddenly become long, drawn out, protracted battles. This can happen even if your spouse is already dating. Even if perhaps your spouse may have initiated the divorce by leaving you for someone else. This does not mean that your spouse will be reasonable about you dating. In his or her own mind they’re the injured party. They may feel like you’re wronging them further by dating and may try to “seek justice.” Second, dating before your divorce is finalized could have an impact on custody proceedings. Focusing on a new sweetheart instead of your children does not look good to a judge, even if you take pains not to expose your children to the new love interest. Exposing your children to the new love interest is bad parenting. Your children are going through enough life change – they…
Read MoreHow Much Does a Divorce Cost in Minnesota?
July 15, 2013 | Elizabeth A. SchadingIt’s almost impossible to determine how much a divorce in Minnesota will cost before it begins. There are just too many factors to calculate. You should, however, plan for the divorce to be expensive. You will be dealing with a variety of different costs and fees. The first fee you’ll encounter is the filing fee. It will cost you $400 as of this writing to file your divorce petition in court in Minnesota. [maxbutton id=”1″ url=”https://bgs.com/contact-us/?july” text=”Get Help with Your Case” ] If you need to file any motions each motion filing fee will cost you $100. If you try to file anything by fax you could be hit with additional fees of $25 to $50, each and every time. The filing spouse may need to pay to have the divorce papers served. This is usually $50 or more. If you are low income you can sometimes apply to have many of these fees waived. That doesn’t make your divorce free, but it will alleviate some of the costs. You may have to pay for a custody evaluation. Expect to pay $5,000.00 or more. You also will need to understand that no attorney can predict how many hours it will take to complete your divorce. There will be an hourly fee and an…
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