Category: Family Law
Most Common Family Law Matters
March 31, 2016 | Elizabeth A. SchadingFamily law disputes can be emotionally draining for all parties involved. While there are numerous issues that fall under the family law umbrella, some are more common than others. Some of the most common issues include: Divorce Divorce is what most people think of most often when they hear the term “family law.” Simply put, divorce is the dissolution of marriage, and the process terminates the legal status a couple had together while they were married. In addition to losing the legal status of being married, couples will also go through the sometimes difficult tasks of dividing up their assets and debts, agreeing on child custody/support arrangements, and a host of other issues. Child Support/Custody Child support and custody issues are common during a divorce. Minnesota, like other states, has its own guidelines for determining how much child support a parent will need to pay, and these guidelines will vary by case. Child custody can be agreed upon by the parents outside of the courts, or if both parents cannot come to an agreement, the matter will be settled in court by a judge. The court will base its decision on the best interests of the child, and in some cases, may take the child’s wishes into account when making a final decision….
Read MoreDealing with Financial Matters in Divorce
December 14, 2015 | Elizabeth A. SchadingDivorce can be complicated – especially when it comes to financial matters. Even couples who are otherwise cooperative on other issues may find themselves at odds when dividing assets. Numerous things can prevent a couple from coming to an agreement on financial matters and ensuring that each party is satisfied. A complex financial portfolio, valuable collectibles, business ownership interests and other assets can make it more challenging to settle financial disputes in a divorce. In some cases, a spouse will delay the process by taking a while to provide financial information. Further delays can be caused by unorganized or poorly-prepared paperwork. One way to overcome complex financial issues is a Financial Early Neutral Evaluation, or FENE. This evaluation is held with either an accountant who has extensive knowledge of property issues, or a skilled attorney. Evaluators generally have extensive experience working with the local court system, and will be realistically evaluate how property issues will likely be decided. While an evaluator can’t know for sure how a judge will decide, he or she can help you determine which property would likely be considered marital and non-marital. In addition, an evaluator can provide you with alternative options for handling pay-outs, like the division of 401K and spousal maintenance. Bringing in a third party to…
Read MoreDivorce vs. Legal Separation in Minnesota
May 8, 2015 | Elizabeth A. SchadingOften what a “couple” considers separation versus what a court considers “separation” are two very different things. There’s a difference between “separation” and “legal separation.” Just because you and your spouse are living apart, it doesn’t mean that you’re legally separated. So, what is legal separation, and how does it differ from a divorce? What is Legal Separation in Minnesota? Legal separation actually changes the status of your marriage. Before you and your spouse can be legally separated, you’ll need to file and serve a petition. It’s important to remember that this is a completely separate process from a divorce. Unlike other states, you’re not required to legally separate before getting a divorce in Minnesota. Legal separation can take just as long as a divorce, and it can be just as costly. For all intents and purposes, legal separation is just like a divorce. Property, child custody, child support and spousal maintenance issues are all resolved. The couple’s debts and assets are divided. Legal Separation vs. Divorce So, what makes legal separation different from a divorce? You’re still married. If you want to end the marriage, you’ll need to go through the divorce process. When Legal Separation Makes Sense Why would a couple choose legal separation over a divorce? For some, it’s their…
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