Category: Family Law
What is an Uncontested Divorce in Minnesota?
July 11, 2013 | Elizabeth A. SchadingMany people confuse an uncontested divorce with a “do-it-yourself” divorce. A divorce that is “uncontested” has merely settled out of court. Like 95{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} of divorces in Minnesota, it never goes to trial. It has the benefit of being fast, less expensive, and less rancorous than the litigated alternative. This outcome doesn’t happen by magic, however, and it doesn’t usually happen because two incredibly reasonable people sit down to hash out the end of their marriage without a single bump in the road. Most “uncontested” divorces still involve attorneys. Indeed, if one or more parties in the divorce is not represented by an attorney, there will still need to be a hearing if minor children are involved. The judge needs to make sure that the settlement is not one-sided. Getting an uncontested divorce that is fair for all parties might require the help of attorneys, mediators, neutral custody evaluators and financial planners. Each of these professionals can provide different perspectives on the dissolution of your marriage and can help both you and your spouse reach an equitable settlement. You should also be aware that you and your spouse cannot save money on your divorce by agreeing to be represented by the same attorney. You and your spouse each need a different attorney. You can…
Read MoreCan I File for Divorce in Minnesota if I Don’t Know Where My Spouse Is?
May 16, 2013 | Elizabeth A. SchadingSometimes a divorce happens because a spouse simply abandons the family. Sometimes families start with a separation, only for a spouse to go MIA. Sometimes, a spouse even hides from another spouse, thinking that this is the best way to avoid being served with divorce papers. However, you can get a divorce even if you don’t know where your spouse is. Minnesota allows for service of divorce papers through alternate means when all reasonable avenues have been tried to find and serve your spouse through normal means. Service by publication requires a court order, but the order will be granted if you provide facts sufficient to prove that you cannot find your spouse. Once the papers have been served through alternate means the divorce will continue. Your spouse has a certain amount of time to file an Answer to your petition for divorce. If your spouse fails to file an Answer then the courts will usually move forward with a “default” Judgment of Divorce. The issues of the divorce will be settled, most likely as you request, and you will no longer be married. If your spouse is missing you should not assume that your divorce will be uncontested, however. Strange things can happen at the last minute. This is not the time…
Read MoreWhen Does Child Support End in Minnesota?
May 13, 2013 | Elizabeth A. SchadingWhile you might feel like your child support obligation is going to go on forever there is an ending date. In Minnesota, your child support will end when all of your children from the marriage have turned eighteen, or when they graduate from high school, whichever is later. Child support obligations do not extend past the age of 20 even if the child has not graduated from high school. There’s only one exception to this: if you have a special needs child that is unlikely to be physically or mentally capable of meeting his or her own needs. Each of these cases is determined on a case-by-case basis, taking into consideration receipt of social security or other financial benefits available to the child. [maxbutton id=”1″ url=”https://bgs.com/contact-us/?july” text=”Get Legal Help Now” ] What about college? You and your spouse might agree to send a child to college together, but you’re not obligated to do so unless you and your spouse signed something to that effect during your divorce settlement. Child support ends automatically. You don’t have to go back to court. You can simply stop paying the support unless you had an income withholding order. If you did, you’ll need to make sure that your case manager knows the child’s 18th birthday or high…
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