Category: Family Law

Can I Date During My Divorce?

July 20, 2013  |  Elizabeth A. Schading

Many 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…

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How Much Does a Divorce Cost in Minnesota?

July 15, 2013  |  Elizabeth A. Schading

It’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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What is an Uncontested Divorce in Minnesota?

July 11, 2013  |  Elizabeth A. Schading

Many 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…

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