Hennepin County Divorce | Complex Assets
A just and equitable division of assets does not need to be mathematically equal, and you are not necessarily entitled, as a matter of law, to "half of your half" (although this is how family lawyers frequently explain asset division to their clients). In many divorce cases, the parties simply [...]
Top Divorce Issues – Hennepin County FENE
Parties involved in Divorce and Family Law cases often use the Early Neutral Evaluation (ENE) process to help resolve issues involving child custody (both physical and legal custody) and parenting time issues - these areas fall under the SENE umbrella. Also, the ENE process can assist parties with the resolution [...]
Minnesota Divorce – Hennepin County Spousal Maintenance
Spousal maintenance (also referred to as alimony) is one of the most challenging and difficult issues associated with divorce. The outcome is often unpredictable and frequently litigated in courts throughout Minnesota. Judicial discretion is a major component of spousal maintenance. The decision by a Judge to award spousal maintenance to either [...]
Minneapolis | Hennepin | High Conflict Divorce
One of the more frequent concerns for people considering a divorce is whether the case will be (or needs to be) contentious and adversarial in nature. This depends on many things, including the personality of the parties and the attorneys, and whether the parties are open to using methods other [...]
Top Minnesota Divorce Question – How Long Will My Case Last?
One of the most important questions facing any person who is thinking about divorce is "How long will my case last, or how long will it take for my divorce to be final." These are important questions, and the answer is not always simple. Many divorce case can be handled [...]
Hennepin County Collaborative Divorce
In Minnesota, Collaborative Divorce (also referred to as Collaborative Practice) the parties agree to have their case resolved without court appearances and without unnecessary conflict. In Collaborative Divorce, the parties sign a Participation Agreement at the beginning of the case that describes how the case will be handled, including rules [...]
Minneapolis Divorce | Tax Issues and Children
The tax benefits for a qualifying child are: 1) Head of Household filing status; 2) Child and Dependent Care Credit; and 3) Earned Income Credit. These three benefits can only be claimed by a parent who meets the definition of a custodial parent pursuant to Internal Revenue Code 152(e)(4)(A). There [...]
Top Divorce Issue Divorce – Retirement 401k’s and 403b’s
In many divorce cases, one spouse is awarded a Qualified Domestic Relations Order (QDRO) as part of the division of assets. Common types of QDRO's include a 401(k), 403(b) and defined pension benefit plans. With a QDRO, there is an exemption to the 10% early withdrawal excise tax, so a [...]
Divorce – Asset Division
A just and equitable division of marital assets does not need to be mathematically equal. An award of 53.8 percent of the marital estate to the Wife and 46.2 percent to Husband was upheld in the case of Trosvig v Trosvig, A-10 (Minn. Ct. App. May 31, 2011). During divorce, [...]
Minnesota Divorce | Real Estate and Assets
Debts, like assets, are presumed to be marital, and the party seeking to have credit card debt deemed non-marital bears the burden of proof. Berlinerblau v. Berlinerblau, A10-952 (Minn. Ct. App. May 9, 2011) Minnesota Court Of Appeals reversed and remanded the trial court's findings on the division of credit [...]