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Saint Paul Family Law Blog

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.

Make teachers aware of your child custody plan

It is not uncommon for students in Minnesota schools to come from single-parent households. In fact, some kids have parents who have divorced, then remarried and divorced again. It is important for co-parents to agree on a plan for child custody exchanges, especially when a pickup or drop-off is going to take place at a child's school.

Not every co-parent relationship is amicable. In another state, the mother of a 5-year-old child recently asked police to intervene because her child had been missing for nearly a week. She and her mother believe the child's father took her from her school.

Child custody: Are you and your co-parent ready for the holidays?

Many Minnesota parents are among those across the country who have recently filed for divorce. Such situations can spark numerous challenges regarding how families spend their holidays. With Thanksgiving right around the corner and several other special holidays ahead, it pays to create a solid plan ahead of time and to get it all in writing and approved by the court. This can help avoid serious child custody problems.

The last thing children need is their parents fighting over who gets to spend the holidays with one or the other. Parents can agree to plan ahead, perhaps creating a master calendar of events and incorporating the written details into their co-parenting agreement. Even though having everything in writing helps avoid confusion and disputes, it is also a good idea to expect the unexpected, and be willing to remain flexible and agreeable to last minute changes that might have to be made, such as if a child gets sick and can't go a holiday outing that is planned for a specific day.

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.

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