Category: Family Law
Divorce 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…
Read MoreHow is Child Custody Determined in a Minnesota Divorce?
February 21, 2015 | Elizabeth A. SchadingChild custody is one of the most complicated issues in a Minnesota divorce. Although custody issues seldom go to trial, it’s still difficult for parents to come to an agreement on who should have custody of the child, or if the custody should be shared. It’s important to understand the types of child custody in Minnesota and how custody is determined. Types of Child Custody In Minnesota, there are two primary types of child custody: • Physical • Legal Physical refers to the child’s day-to-day routine and where he or she lives. Legal refers to how the child is raised, such as what school the child attends, his or her health care and religious upbringing. Some parents share custody, which is known as either joint legal or joint physical custody. But in some cases, one parent may have sole custody (both physical and legal) of the child. When parents share legal custody, it means that both parents will share the decision making when it comes to how the child is raised. When parents share physical custody, it means that the child’s residence and daily routine will be split between both parents, but not necessarily on an equal basis. How Child Custody is Determined In Minnesota, child custody can be determined in two ways:…
Read MoreWhat Are the Steps in a Divorce Proceeding?
January 12, 2015 | Elizabeth A. SchadingIn the state of Minnesota, a divorce is called a ”dissolution of marriage.” Barring a justifiable emergency, in order to be eligible for a divorce, either you or your spouse must be living in the state for at least 180 days. Just like in any other state getting a divorce in Minnesota can be a lengthy process that may take several months to several years to complete. We understand that the decision to divorce can be a difficult decision to make. The attorneys at Barna, Guzy & Steffen have over 80 years of combined experience in family and divorce law. If you’d like to speak with an attorney, contact BGS today at (763) 780-8500. Before we discuss the actual steps in a divorce proceeding, let’s cover a few basics. What You Need to Know about divorce in Minnesota If you have children or significant property, the divorce will be more complicated. If you and your spouse can come to an agreement on child custody issues and/or how to divide your property, the divorce can move along quickly. If you have children, the court will require you to attend a certified divorce education program. Steps in a Minnesota Divorce Proceeding There are four basic steps in the state’s divorce proceeding: Summons and Petition To…
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