Randall A. Smith

2308, 2018

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

August 23, 2018|

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 individuals to take time out [...]

2706, 2018

4 Basic Guidelines for Getting Along with Your Ex-spouse

June 27, 2018|

Separation or divorce can breed resentment between ex-spouses. While you may feel that you are in a battle to establish who should suffer due to the breakup, both parties lose if they can’t find ways to get along. When there are kids involved, the situation can become even more toxic. [...]

2203, 2018

Top Minnesota Divorce Issues – Depletion vs. Dissipation of Property

March 22, 2018|

Although Depletion and Dissipation of property carry different meanings, in Minnesota the terms are generally used synonymously by the Court, and by Divorce lawyers.  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).  Spouses have a [...]

1503, 2018

Morena Baccarin’s Long Child Custody and Support Battle

March 15, 2018|

Being a celebrity has its downsides. Morena Baccarin, famous for her character on the hit TV show “Gotham” and many other roles, has been fighting a long battle over her first marriage to Austin Chick for their child. Divorce and child custody battles can be tough for anyone, but when [...]

703, 2018

Types of Early Neutral Evaluation (ENE) During a Minnesota Divorce

March 7, 2018|

The resolution of Social and Financial issues during a divorce case is advantageous for all parties.  Early Neutral Evaluation is a voluntary process that can provide options for settling disputes regarding parenting time, child custody, spousal maintenance, property division, asset valuation, and related matters.  There are two different Early Neutral [...]

2401, 2018

College Savings Tips for Divorced Parents

January 24, 2018|

If you are the divorced parent of a college-age student, it is a good time to work with your ex-spouse when it comes to finances. Regardless of your history together, your child’s future comes first. These three tips will help you navigate some of the most important college investment choices [...]

801, 2018

Top Minnesota Divorce Issues – Spousal Maintenance and Income Imputation

January 8, 2018|

During a Minnesota divorce proceeding, the Court may order that one spouse pay spousal maintenance to the other spouse.  An award of spousal maintenance is based upon need, and the primary reason for spousal maintenance is to provide cash flow to a spouse in order to approximate the marital standard [...]

501, 2018

Minnesota Divorce and Property Division – Equitable vs. Equal.

January 5, 2018|

Equitable does not necessarily mean equal (check Black's Law Dictionary).  In Minnesota Divorce cases, the division of Assets and Debts does not need to be mathematically equal, and you are not entitled, under Minnesota law, to "exactly half ."  Minnesota Statute 518.58, subd. 1, states that the District Court is required [...]

1512, 2017

Divorce and Spousal Maintenance – Cash Flow Analysis

December 15, 2017|

In Minnesota, Spousal Maintenance (Alimony) is based upon need, and not the equalization of cash flow (equalizing monthly cash flow is not required or even addressed by Minnesota Statue 518.552).  Unlike Child Support, Spousal Maintenance does not provide the parties with a basic formula to determine if (and for what [...]

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