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Saint Paul Family Law Blog

Concerned about property division in divorce? Read this

When a Minnesota spouse decides to end a marriage, he or she typically hopes to resolve all related issues in as swift and amicable a manner as possible. An ultimate goal of divorce is often to settle things in court, leave the past behind and move on in life. Certain extenuating issues can complicate the process, however, such as if children are involved or if spouses failed to sign a prenuptial agreement before marrying, which is what happened in Kate Beckinsale's case.

The actress met her former spouse on a movie set in 2003 and was married to him for more than 10 years. Trouble arose in their relationship when Beckinsale's husband was reportedly seen around town with a popular fashion model. After a divorce petition was filed, it took approximately four years to finalize a settlement.

What causes divorce and where does central litigation focus lie?

No two Minnesota households are exactly the same. Many, however, include married couples as well as married couples with children. Whether a particular relationship has lasted several decades or a couple has only been together five years or less, day-to-day stress and various issues can cause strain between spouses, which sometimes leads to divorce.

A group of divorce financial analysts conducted a survey and learned that the most commonly reported cause of divorce is incompatibility. When a relationship is new, not having much in common may actually be a source of attraction. However, living year after year without being able to relate to one another can be taxing and ultimately cause a marriage to crumble.

Reducing toxic communication when filing for custody

After going through a separation, it is likely that nothing is as important to you as maintaining custody of your children. For many newly single parents, fighting for custody can be a toxic battle that leads to stress and upset. But this does not have to be the case. By being prepared and communicating effectively, you will stand a good chance of experiencing a smooth process and a positive outcome.

If you want to build a case for gaining shared or full custody of your children, consider the following practices.

Congresswoman Omar has filed for divorce in Minnesota

Freshman U.S. Congresswoman Ilhan Omar is no stranger to having her name plastered across news headlines. Her political views and congressional activity often spark controversy. On a more personal level, Omar has once again made the news after recently filing for divorce in a Minnesota family court.

No two marriages are exactly the same, nor are any two divorces. However, many spouses can relate to certain issues in each others' circumstances. For instance, infidelity is often a key factor when spouses seek to end a marriage. In Omar's case, she is accused of having an affair with one of her political aides and strategists.

To believe or not believe: The things you hear about divorce

It is one thing to have a friend in Minnesota who shares personal stories about a recent marital breakup. However, it's quite another issue to take that divorce talk as legal advice, especially if that particular friend has no background in family law. Many people have been led astray by believing myths or accepting misguided information rather than securing legitimate legal support.

For instance, some people think that if they keep money in separate bank accounts during a marriage, then they are entitled to all the assets in their own accounts if they divorce. This is not necessarily not true, especially in states that operate under community property laws. This state, like most others, is an equitable distribution state, meaning the court determines a fair division of assets in divorce.

How to navigate the back-to-school season after divorce

Many Minnesota parents have just finished enjoying summer break with their kids. Most children are now back in school and those whose parents filed for divorce over summer may have some challenges ahead during the new school year. Co-parents, as well, may be unsure as to how to handle certain school issues now that they are no longer living under the same roof.

One of the best things parents can do for their kids after divorce is to show them that they have their best interests in mind. Regarding their school lives, this might mean being willing to attend meet-the-teacher night or other school events at the same time rather than trade events with one parent attending one time, with the other attending the next event. Children who know that their parents are willing to be in the same room together for their sake may have an easier time adjusting to divorce as they head back to school.

Dealing with marriage problems in the military

If you or your spouse is a military service member, you will know that the nature of service can challenge even the most resilient of relationships. Being in the military can mean that you have to deal with uncertainty about the future, and the possibility of being called on active duty can often create tension and fear in the family unit.

If you are struggling in your marriage as a military service member or as a military spouse, you must take the time to address the nature of the challenges you are facing in your relationship. By doing so, you will have a better chance of improving your marital situation for both yourself and any children that you have.

How to navigate back-to-school season after divorce

Summer break is winding down in Minnesota and most other states, and kids are heading back to school. Whether a particular household includes elementary age students, high schoolers or collegians, if parents have filed for divorce during summer break, the student or students in question may encounter numerous challenges as they return to their studies. Co-parents may have a few issues to work out, as well.

No matter what ages students happen to be, moving on in life after a major disruption is always easier if there is a strong support network in place. For those in school, guidance counselors, professors, teachers and coaches are great sources of support. Parents themselves may find it comforting to talk to other parents who have gone through similar experiences.

Career issues, abuse reportedly prompted this divorce

Many Minnesota spouses can relate to having sacrificed personal careers to support a partner's endeavors or to stay home to raise children. Such decisions can later prompt requests for spousal support if a divorce occurs. Former Guess model Sarah Mutch says she gave up a successful modeling career to be fully available to travel with her famous realtor husband, Kurt Rappaport, and to help him take care of his three children.

Mutch later decided to file for divorce, however, supposedly after learning that Rappaport was not interested in having any children with her. She says there is a signed prenuptial agreement that entitles her to receive more than $40,000 per month for half the duration of the marriage, which, in this case, would be eight months. Mutch says she has no independent funds with which to provide for her financial needs because she stopped working to support her husband's career and lifestyle.

Starting afresh after divorce

Life is definitely a series of changes. Some are exciting; others, not so much. In fact, sometimes life situations can be seem to get the better of us. Divorce is like that for many Minnesotans, which is why it's a good idea to know where to seek support and how to develop coping skills if you and your spouse decide to go your separate ways.

One of the first logical steps to take to come to terms with a divorce is to recognize that some days will be better than others. There are often strong emotions on both sides and it's always best to allow feelings to naturally unfold rather than try to sweep emotions under a rug. This is especially true where children are involved because their emotions often fluctuate, sometimes by the hour.

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