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 amicable 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 individuals to take time out [...]
6 Tips for Getting Through a Divorce
Every divorce and circumstance is different, but one aspect is true for all couples: Divorce is difficult. Even when a marriage ends amicably, it is a significant change for you, your family, friends, and finances. To find your way to the other side of divorce is not an easy road, [...]
4 Basic Guidelines for Getting Along with Your Ex-spouse
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. [...]
White v. White and Baker v. Baker on Retirement Accounts
Retirement accounts are often litigated during a divorce, especially when a non-marital claim exists. In White v. White, a couple had been married for six years and were in the process of being divorced. 521 N.W.2d 874 (Minn. Ct. App. 1994). The main issue before the Minnesota Court of Appeals [...]
Kremer Decision: Procedural Fairness and Minnesota Antenuptial Agreements
PROCEDURAL REQUIREMENTS: Currently governed by Minnesota Statute 519.11, antenuptial agreements require procedural fairness in order to be enforced. The first of these requirements includes full and fair disclosure of the parties’ earnings and property. Next, the parties must have the opportunity to consult with legal counsel of their own choice. [...]
Abuse of Discretion in Minnesota – An Overview
In cases that involve divorces, the district court is awarded broad discretion to the division of property, award of maintenance, custody determination and child support. Rutten v. Rutten, 347 N.W.2d 47, 50 (Minn. 1984). The district court’s conclusions must be clearly erroneous given the facts on the record before [...]
Top Minnesota Divorce Issues – Depletion vs. Dissipation of Property
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 [...]
Morena Baccarin’s Long Child Custody and Support Battle
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 [...]
Types of Early Neutral Evaluation (ENE) During a Minnesota Divorce
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 [...]