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 card debt. The court also noted that the trial court has broad discretion regarding the division of property and debts, and that the division of property and debts does not need to be mathematically equal (50:50 division is not required). If you assume (or someone tells you) that you will receive exactly one-half of the marital asserts in your divorce, you would be making an incorrect legal assumption that is inconsistent with Minnesota Statutes and with Minnesota Court Of Appeals case law. Some of the primary areas of dispute in divorce cases include division of assets and debts, spousal maintenance (alimony), child support, child custody, real estate issues, parenting time, retirement account and pension valuation, non-marital claims and business issues related to income and valuation. Lake Harriet Law Office represents clients in Minneapolis, Hennepin County, Scott County, Ramsey County, Anoka County and throughout the Twin Cities. Please call top Twin Cities Attorney and Mediator Randall A. Smith at 612-750-4843 to schedule a consultation. Mr. Smith’s practice is limited to Family Law cases.
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Lake Harriet Law Office represents clients in Minneapolis, Edina, Eden Prairie, Bloomington, Golden Valley, Hopkins, Eden Prairie, Southwest Minneapolis, Linden Hills, New Hope, North Oaks, Hennepin County, Ramsey County, Richfield, St. Paul, St. Louis Park, Stillwater, Washington County, Wright County, Anoka County and Scott County.