Personal Injury Settlements: Marital or Nonmarital?
If you were ever in a serious accident, or suffered a serious injury, you were likely part of a personal injury case. You may have received a sizeable financial settlement….
Enough is Enough; When it’s Time to Revisit Spousal Maintenance
The Court of Appeals recently reversed a lower court’s decision to reject a husband’s request to modify his maintenance obligation to his ex-wife. It was error, the Court said, to…
KEEPING THE HOMESTEAD SAFE IN A DIVORCE
Divorcing couples who own a home still remain homeowners, even after the divorce; they just aren’t joint owners any longer. Instead, they own the home as individuals who each have…
A YEAR OF LIVING WITH THE ‘COHABITATION’ PROVISION IN SPOUSAL MAINTENANCE LAW
It’s been more than a year since new law went into effect, allowing a court to determine whether maintenance can be modified based on a recipient’s cohabitation with another adult…
It’s Just Discovery
A very common and routine part of any court case – including divorces – is what we call discovery. After the case is started, both sides have the opportunity to…
The Price of Freedom
During the divorce negotiation process, it is easy to become entrenched in a certain position. Say, for example, that your spouse is seeking spousal maintenance. You make a greater income…
Credibility is King
When a divorce case goes to a trial, one of the more basic functions of the Court is to make “findings of fact.” Both parties will testify, and there is…
Dividing Military Benefits in a Divorce – When State & Federal Law Conflicts
It’s not often that the United State Supreme Court makes a decision that affects how divorces are handled in Minnesota Family Courts. But, when it comes to a veteran’s retirement…
Can My Spouse Secretly Get Rid of Our Things During Our Divorce?
Unless your spouse is selling things off in order to pay for food, clothing, shelter; or, routinely sells things that you own in order make a living, the answer is…
Inconvenient Forum
I recently blogged about the 180 Day Rule and how you (or your spouse) must live in Minnesota for 180 days before you can file for divorce here. But, what…