Minnesota Divorce Issues - Depletion and Dissipation of Assets

Minnesota Divorce Issues – Depletion and Dissipation of Assets

Although Depletion and Dissipation of property carry different meanings, in Minnesota divorce cases the terms are sometimes used synonymously by the Court.  Dissipation is defined by Minnesota case law as “wasting or expending funds foolishly.” Volesky v. Volesky, 412 N.W.2d 750 (Minn. Ct. App. 1987).…

Calming the Storm: Tips for an Amicable Divorce

Calming the Storm: Tips for an Amicable Divorce

The media is abundant with horror stories about couples ending their marriages and dragging each other through the mud in the process. Fights over property, finances, kids, and pets are common; common and yet, unnecessary when a couple makes the rational decision to have an…

UPDATE - Minnesota Supreme Court Ruling on Kremer v. Kremer

UPDATE – Minnesota Supreme Court Ruling on Kremer v. Kremer

MAJORITY OPINION The time has finally arrived, and the Minnesota Supreme Court has released their decision in the Kremer case. A case that many divorce attorneys and clients have been patiently waiting for. On Wednesday, May 30, 2018, the Supreme Court ruled in favor of…

4 Steps to Secure Your Emotional Well-being During a Divorce

4 Steps to Secure Your Emotional Well-being During a Divorce

There is a reason divorce always ranks among the top two stressors. The only stressor that tops divorce is the death of a loved one. Divorce is a type of death itself. Like any death, survivors go through a grieving process. This emotionally-charged process requires…

Top Minnesota Divorce Issues - Qualified Plans Subject to Division

Top Minnesota Divorce Issues – Qualified Plans Subject to Division

In a Minnesota divorce proceeding, a qualified plan may include any marital portion of a retirement or investment account (IRA), pension plan, or deferred compensation plan that either party has an interest in. However, it is difficult to determine the value of these plans because…

Spousal Maintenance, the 8 Factors and Equalizing Income

Spousal Maintenance, the 8 Factors and Equalizing Income

Spousal maintenance is commonly dealt with in family law, but is frequently misunderstood.  Spousal maintenance is awarded to meet need, and it depends on a showing of need.  The marital standard of living is analyzed in detail, along with cash flow and proposed budgets.  Equalizing…

Legal and Physical Custody in Minnesota - An Overview

Legal and Physical Custody in Minnesota – An Overview

The difference between legal and physical custody is important to understand and is often confused. Minnesota Statute section 518.003 defines “legal custody” as the right to determine the child’s upbringing, including education, health care, religious training and other important, long-term decisions regarding their child or…

Divorce and Investing

Divorce and Investing

There are many changes that occur with divorce, especially in the realm of finances. The assets and income that was once available to a single household is now split, yet the total expenses are typically greater. For those who receive a financial settlement in their…