Saint Paul Family Law Blog

Being self-employed can be stressful. The idea of "you and you alone" being responsible for the financial contribution one makes to a household can be daunting because being self-employed requires financial and time sacrifices. When a divorce then becomes reality accompanied by a realization of the financial implications it brings, one may become overwhelmed.

Any self-employed person in Minnesota may benefit from considering the aspects mentioned below should he or she be in the midst of a divorce. Firstly, it is imperative to realize that there are many more options than the traditional divorce. While no option guarantees a cheap, fast and painless divorce, the right choice for one's particular situation may lessen the impact on a business.

States are either considered as community property states or equitable distribution states. Minnesota is an equitable distribution state, which means that, in the case of a divorce, a judge will decide on the fairest way to distribute marital property. Ensuring a fair distribution of property is no easy feat and, very often, both parties may feel they were done in.

In coming to a decision on the fair distribution of assets, there are four issues you will have to handle. Firstly, it must be established what the assets of both spouses are. Secondly, these assets must be divided into two categories -- marital- and non-marital assets. Thirdly, each asset must be valued, and lastly, the two parties, with the help of their lawyers, must devise a way to divide the marital property according to Minnesota divorce laws.   

Ending a marriage is typically traumatic for any Minnesota couple, and although most spouses may want to make a clean break and proceed with a new life, some connection will remain if there are children or if the court orders spousal support to be paid. The person paying alimony will likely not be keen on spending many years of supporting an ex-spouse, and, similarly, the one receiving it might want to become self-supporting as soon as possible. Both would want to know how long alimony will last.

Each case is unique, and the period of spousal support can vary widely. It will depend on state laws and also on personal circumstances. Typically, spousal support only lasts as long as it is officially needed. Lifetime alimony is no longer common since both spouses in most families are educated and able to earn an income.

Thinking with one's head and not one's heart is not always an easy thing to do, especially when the decision one has to make involves strong emotions. One instance where it is imperative to avoid making emotional decisions is during the divorce process. The problem is that many emotionally charged factors, such as child support and custody, can make matters more difficult.

Of course, divorce is also legally challenging. Minnesota divorcees may benefit by being aware of a few possible mistakes to avoid. First, guidelines and decisions made with regard to custody must always be respected. Disregarding legal rulings in terms of visitation and or child support may have detrimental repercussions and can even lead to a loss of visitations or even custodial rights.