As I mentioned in the previous blog post, most courts in Minnesota do not use an Early Neutral Evaluation program. In those counties, the procedure that takes place during the divorce is somewhat different. Most Minnesota divorce courts convene a pre-trial hearing to talk about the scope and parameters of the case. Often this is [...]
For those of you who have been following the blog, I am writing about the various steps in the divorce process in Minnesota. So far, I have talked about service of the Summons and Petition (by the Petitioner) and service of the Answer (by the Respondent). Typically, each party files his or her pleading with [...]
In the previous post I talked about the divorce Summons and Petition for Dissolution of Marriage. Service of these documents is the event that commences a divorce proceeding in Minnesota. A person who is served with a Summons and Petition has 30 days in which to serve an Answer. If he or she does not [...]
I am a Minnesota divorce lawyer. I practice divorce law in Hennepin County, Minnesota. Divorce varies significantly from state to state, because it is pretty much a creation of state (not federal) law. However, one thing that I think is common in all divorces, regardless of where they take place, is "fear." One of the [...]
People occasionally ask me how long they need to reside in Minnesota before they can file for divorce in Minnesota. The answer is 180 days (which is six months). You have to have resided in Minnesota for six months before you can file for divorce here. If you have moved to Minnesota from another state, that [...]
People often ask how much it costs to get divorced. The answer is "it depends." Certain costs are predictable. Currently, it costs $400 to file a divorce petition in a Minnesota district court. Some counties charge slightly higher, depending upon the amount of the surcharge for the county law library. If each party appears in [...]
Often a party to a divorce proceeding will try to hide information about his or her income and assets. There are various tactics an opposing attorney can use to try to obtain documentation about a party's real income or assets. There are, of course, the obvious sources. These include income tax returns and paycheck stubs. [...]
In contested Minnesota divorce cases, a guardian ad litem is a person who is appointed by the court to represent the interests of children in a divorce proceeding. Typically, the guardian ad litem does not perform a custody evaluation or parenting time evaluation. However, he or she will participate in the process, appear at court [...]
Often people who divorce in Minnesota forget to address the issue of the income tax depdency exemptions for their minor children. This issue should not be overlooked because, cumulatively, it could save a spouse tens of thousands of dollars on his or her income tax return. From the perspective of the Internal Revenue Service, after parents [...]
This may be hard to believe, but when you are involved in the practice of family law for any period of time, you will run into your share of jerks. Often, these are opposing counsel -- men and women -- who believe that the best way to accomplish something is to be either insulting or [...]
Minnesota is a "no fault" divorce state. To the best of my knowledge, most, if not all states in the United States are no fault divorce states. What this means is that in a Minnesota divorce proceeding, one does not have to prove that the other spouse is at fault before a divorce can be granted. [...]
I am occasionally asked how long it takes to get divorced in Minnesota. The answer is "It depends." It can take anywhere from about 6 weeks to a year and a half or more, depending upon whether the parties can cooperate, and depending upon the issues involved. First, in order to begin a divorce proceeding in [...]
When you get divorced in Minnesota, the Court will divide marital assets and debts. The statute requires that this be done "equitably." Equitably usually means "equally," but not necessarily. As long as the asset division is fairly equal, Court consider that to be close enough. Many people ask about how they can find assets that [...]
Often it can take several months to complete the divorce process. If there are disputes about custody and parenting time, disputes about the value of assets, or disputes about how much alimony or spousal maintenance should be paid, it can take several months to resolve these. In the meantime, the parties need to continue living [...]
This is the time of year that many divorced parents begin to have problems with holiday parenting time. Often times, divorce decrees are ambiguous about holiday parenting time. A divorce decree might say that parenting time is "reasonable and liberal," without saying anything about a specific parenting time schedule. Or a divorce decree might say [...]
There are several important steps you should take when preparing for divorce. Ideally, you should take these steps before the divorce proceeding actually begins. These steps will save you money and will position you to achieve a more favorable outcome. Its part of strategic divorce planning. I will discuss various aspects of preparation in subsequent [...]
