Divorce is a process that can result in significant financial implications. This is because it isn’t just a separation of two individuals but also their assets, debts and financial responsibilities. The financial toll of divorce can be substantial, often leading to...
When Legal Matters Become Personal
Divorce
Minnesota Child Support Guidelines Revised Effective January 2023
New child support guidelines have gone into effect. This article does a pretty good job of explaining the new guidelines. It has been interesting over 30 years of practice, to see the guidelines evolve from a strict percentage, to what is called income shares, and...
Liability for Spouse’s Debt in Minnesota
Minn.Stat section 519.05 provides: A spouse is not liable to a creditor for any debts of the other spouse. Where husband and wife are living together, they shall be jointly and severally liable for necessary medical services that have been furnished to either spouse,...
Limbo between separation and divorce
This article discussed “discernment,” the process of counseling for people at the “crossroads” of separation, who don’t necessarily want to work on their marriage, but also aren’t ready for divorce. But the article doesn’t mention the legal issues that arise...
What is the process for divorce in Minnesota?
The court system considers a divorce to be a lawsuit, that ultimately gets decided by a judge after a trial, if the parties cannot come to an agreement. However, over 95% of divorce cases are settled before trial. Here is an outline of the basic steps that occur in a...
Divorces increasing in light of COVID?
A recent Star Tribune article indicates that divorce-related internet searches are up since COVID started in March. While it’s not based on actual filing data (and in MN, many divorces aren’t filed until well after they are served or negotiated), it seems to echo the...
My former spouse filed bankruptcy on our joint debts. What should I do?
First, you need to read your divorce decree. Does it contain the “magic” language, indicating that your spouse will indemnify you and hold you harmless? Regardless, one of the biggest misconceptions people have, is that divorce decrees are binding on third parties....
Can an individual be held liable for post separation debts incurred by the other spouse?
Yes. Debts are the same as negative assets, and the presumptive date for dividing a marital estate is the date of your pretrial, which is often many months after separation. There are two exceptions, which is that the parties can agree on a different date (and most...
Divorce or bankruptcy. What should I do first?
A common question indeed, although there is not a one-size-fits-all answer. I have lectured on this topic several times among my colleagues. As a general rule, if there are joint debts, a spirit of cooperation and a joint goal in getting those debts wiped out, it...
Divorce or bankruptcy. What should I do first?
A common question indeed, although there is not a one-size-fits-all answer. I have lectured on this topic several times amongst my colleagues. As a general rule, if there are joint debts, a spirit of cooperation and a joint goal in getting those debts wiped out, it...