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Saint Paul Family Law Blog

How to avoid disputes about pets in a Minnesota divorce

When a Minnesota married couple decides to go their separate ways, they typically have numerous issues to resolve. When they have children together, there will always be a need for interaction, which is why it pays to try to achieve an agreement in as amicable a fashion as possible. The same goes for pet owners. Most states consider pets as part of property division proceedings in divorce. However, it is not uncommon for spouses and kids to think of pets as members of their family.

Is there a family member who usually takes care of a particular pet? If so, it is best if the pet can keep living with that person after divorce. Pets, like people, can become stressed if too much sudden change occurs in their daily routines. It is possible to write out a pet agreement and to seek the court's approval so that the terms of the agreement are legally enforceable. 

Child custody: Is Rob Kardashian an unfit parent?

Many divorced parents in Minnesota understand how stressful it can be to fight over their children. Child custody litigation can be quite complex and emotionally draining when the relationship between parents is contentious. Several celebrity parents have also made news headlines regarding custody disputes, such as Blac Chyna, who has claimed that she believes Rob Kardashian has mental problems that impede his ability to properly care for their child.

Chyna and Kardashian have a 3-year-old daughter. Chyna says she has become increasingly concerned about Kardashian's fitness as a parent. She has stated that witnesses have told her Kardashian is often depressed, does not leave his house and has made suicidal comments on more than one occasion. Chyna further stated that when Kardashian has parenting time with his daughter, he sends her places with a nanny or other caretaker because he himself is afraid to leave his home.

Understand Minnesota alimony laws before requesting it

When you got married, you no doubt believed your union would last a lifetime. No matter what issues transpired since then, if you later made a decision to file for divorce in Minnesota, you likely experienced mixed emotions. If you and your spouse get along well enough to settle things out of court, it might not take long to finalize the matter and begin your new lifestyle. However, if you have encountered challenges regarding property division, alimony or child custody, proceedings may take some time before a fair solution is determined.

Regarding alimony, the court often orders it on a temporary basis. Perhaps, you're one of many spouses who sacrificed a personal career to be a full-time at-home parent. While you may not regret that decision, it doesn't necessarily mean you will easily be able to make ends meet once you and your spouse are living in separate households.

Divorce less stressful with effective negotiation skills

In Minnesota and beyond, many households will undergo major life changes in 2020. When a spouse files divorce papers, there are typically numerous issues that must be resolved. How long that takes depends on various factors, including how well the spouses in question get along and whether they are able to peacefully settle their differences. Unless both parties are willing to negotiate a fair settlement, things can get complicated and messy in court.

Not everyone is a skilled negotiator, which is why most spouses choose to hire an attorney to help protect their rights and interests while working toward a settlement. An effective negotiator is a good listener. He or she also knows that it is important to keep emotions in check and to speak in an articulate manner in terms that are easy for the other party to understand.

Post-decree child support modifications are sometimes necessary

The Minnesota family courts consider a variety of different factors when setting a reasonable amount of child support in either a divorce or a separation of unmarried parents. The income of both parents, the special needs of any children in the family, the cost of health care and childcare and even how the courts split up your assets, such as your family home, can influence how much child support they order.

Regardless of whether you are the person paying child support or receiving it, the simple fact is that life has a way of being unpredictable. Things change suddenly that can drastically impact the amount of child support one parent has an obligation to pay or the other needs to receive.

Alimony: Important issue not often discussed in Minnesota

In Minnesota and elsewhere, many married couples run their households on dual incomes. Then again, there are also a lot of spouses who sacrificed their careers in order to stay home and raise their families. In either case, if someone files for divorce, it may take some adjustment to level the playing field for them financially. This is why, in certain circumstances, a family court judge might order one spouse to pay alimony to the other.

A judge can order alimony on a temporary or permanent basis. The court has discretion to review cases on individual merit, then rule accordingly. The length of the marriage, established standard of living and numerous other factors typically come into play when a judge considers whether spousal support is warranted in a particular divorce.

Preparing for child custody litigation in Minnesota? Read this

When it comes to determining where children will live, who will have decision-making authority and other important issues in divorce, every state, including Minnesota, has its own guidelines. However, the Uniform Child Custody Jurisdiction and Enforcement Act promotes recognition and cooperation between states in order to help enforce court orders and prevent interstate child abductions. This state basically recognizes two types of custody, physical and legal.

The latter grants a parent or parents the authority to make decisions regarding medical care, education, religion and other matters on behalf of a child. Physical custody, on the other hand, pertains to a child's living arrangements; in particular, with which parent the will reside -- whether on a permanent basis or by sharing time between two households. There are options in Minnesota for parents to share both legal and physical custody of their children, and the court typically believes that this option is best in most cases.

Divorce: Take one step at a time to cope

Perhaps you thought that you would be able to resolve your marital problems. If you recently learned that your spouse was filing for a Minnesota divorce, the news might have hit you like a ton of bricks.  Now, whatever you might have imagined for your future is likely to change because you will no longer be sharing a household with the same person.

The emotional impact of divorce can be intense. Your initial reaction might be to beg your spouse to change his or her mind. You might feel compelled to speak negatively about your spouse when you tell your friends or family members what's going on in your life. It's typically best to avoid doing these things, especially if you have children who will no doubt be paying close attention to what you say and do as you and they adapt to a new lifestyle.

Read this before requesting alimony

As 2019 nears its end, many Minnesota married couples are making plans for the new year. Some may be starting new jobs or relocating. Others may be among those who have determined that their marital relationships are no longer sustainable, so they are filing for divorce. Many who are part of the latter group may be especially concerned about alimony.

Each state has its own guidelines regarding spousal support and divorce. It is critical that a concerned spouse clearly understands the laws of the state where he or she plans to file a petition. In some circumstances, spouses themselves may negotiate the terms of an alimony agreement. Other times, both spouses must defer to the court's decision.

Dividing marital property in Minnesota

Going through a divorce inevitably means that you will have to divide any property that you have acquired during your marriage. This can be one of the most contentious aspects of any divorce since the consequences of the asset division process will affect you and your children's financial future in the years to come. This is why you must pay close attention to the asset division process before taking action to file for divorce.

If you are planning to file for divorce in Minnesota, you will be subject to Minnesota marital property laws. States across the U.S. fall into two general categories when it comes to asset division. States either recognize marital property laws or follow the legal theory of equitable distribution.

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