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When Legal Matters Become Personal
Many people assume that a legal separation is a simpler, less dramatic alternative to divorce. In practice, the opposite is often true. A legal separation can actually be more complicated because it often creates uncertainty about what will happen next. The reason is...
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...
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...
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,...
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...
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...
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...
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....
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...
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...