Category: Family Law
What Happens to Retirement Accounts during a Divorce in Minnesota?
May 6, 2013 | Elizabeth A. SchadingWhen you are divorcing, it’s natural to wonder what happens to retirement accounts. It can be a little discouraging to learn that any money you put into the account during your marriage is generally considered to be marital property, even if the account itself pre-dates the marriage. However, as we’ve discussed before divorce always means making some financial sacrifices. You’re better off fairly and accurately reporting your assets. If a judge finds out that you’re trying to withhold information it will not reflect well for your case. Minnesota law is going to entitle your spouse to a “just and equitable share” of your retirement accounts, even if the account is only in your name and even if you were the only one who was working at the time. If you did contribute to the plan prior to your marriage, then you may have a non-marital interest which should be stated so that the pre-marital portion is awarded solely to you. Remember that “equitable” distribution does not mean “equal” distribution. You won’t always have to make a 50-50 split and you aren’t necessarily going to have to give up half of your current account balance. Having a good divorce attorney is helpful in this regard. A good attorney can help you bring certain aspects…
Read MoreDoes Minnesota Allow Couples To Cancel Their Divorce?
May 3, 2013 | Elizabeth A. SchadingIn Minnesota, once the court file has been opened, if neither you nor your spouse want to go through with the divorce, it is fairly easy to stop the divorce from proceeding up to the moment that the final divorce decree is signed. The initiator of the divorce can file to dismiss the petition, or both of you can file a joint petition for dismissal. [maxbutton id=”1″ ] Once you’ve filed the dismissal the divorce is over with and you can get on with the work of repairing your marriage. You can do this up until the divorce decree is signed because you are still married in the eyes of the law until that happens. You can’t do this after the divorce decree is signed, however. There’s no way to cancel the divorce as you’re no longer married under the law once this happens. At that point you’d need to get re-married. Another option, assuming the court file is open, is to put your divorce on “hold” or “inactive status”. This is accomplished by filing a stipulation that both parties wish to put the matter on hold. The court will generally wait 12 months, and if no action has been taken, the court file will be closed. Any new action will require re-filing. …
Read MoreCan Grandparents Get Court-Ordered Visitation or Custody in Minnesota?
April 4, 2013 | Elizabeth A. SchadingMore and more grandparents are raising the children of their children. And grandparents can often find it very difficult to get time with their grandchildren after a divorce. Courts often lump in grandparent’s time with Mom or Dad’s parenting time. If your son or daughter doesn’t make sure that you get time with your grandkids then you might find yourself in an awkward position. There are many reasons why this happens. Sometimes parents don’t exercise their parenting time rights. It’s also possible that your son or daughter didn’t get much of a parenting time award to begin with, or was denied access due to abuse that you had nothing to do with. The death of a child’s parent may further complicate your ability to see your grandchild. Or you might be estranged from your own son or daughter, which means you have found yourself in a situation where neither parent wants to help you. In Minnesota, there are specific situations where the court might be willing to entertain the notion of grandparent’s custody or parenting time. They are: The child’s parent (your child or the spouse) is deceased. The child’s parents are getting divorced. The child lived with you for over a year. You were involved in certain legal proceedings regarding the children,…
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