de Beer & Associates, P.A.

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August 2014 Archives

Adequate spousal maintenance in a divorce requires legal help

When a marriage fails in Minnesota, it's a disappointing and sad time for all parties involved. Whether the marriage extended over many decades or was short-lived, there's a sense of loss that the marriage simply didn't work out for one reason or another. If there are children involved, the series of issues can grow contentious and difficult. Even if there were no children as part of the marriage, a frequent dispute that arises has to do with alimony -- how much should be paid and for how long.

Understanding child custody in Minnesota

In Minnesota, as is the case in many other states, there are two kinds of child custody, physical and legal. A parent who is granted physical custody has the right to make decisions regarding where the child lives and his or her day-to-day activities. A parent who is given legal custody has the right to make decisions regarding a child's religious instruction, health care and education.

Large financial holdings can lead to hidden assets in divorce

People in Stillwater, Minnesota who are ending their marriage have enough on their minds without having to worry about a spouse attempting to hide assets that they don't want to be part of the settlement. When there is a divorce, some couples are able to come to an agreement regarding the assets and do so in an amicable manner. If, however, there are business assets, a complex asset division, significant financial holdings and real property, there is more of a chance for disputes and attempts at sleight-of-hand.

Is property owned pre-marriage subject to equal division?

Couples who divorce in Minnesota frequently have many issues they're concerned about as the case moves forward. One of the issues that garners a great deal of attention is property division and who gets what in the settlement. If one spouse owned a property prior to the marriage, the fear of that property being subject to equal division is something that can cause great consternation. This is something that crops up with older couples as well as younger couples.

Understanding the use of collaborative law in divorce

Minnesota residents may be interested in learning more about what collaborative law is and how it may help a divorcing couple. Through the use of this process, much of the stress and difficulty of a divorce may be avoided. Collaborative law is a relatively new way of resolving differences that seeks to sidestep the time and expense of courtroom divorce proceedings. Statistics show that 90 percent of divorces end in a settlement without a judge's decision. However, this is often after a long period in which motions are filed and angry statements on both sides are entered into the public record. The collaborative law process is an attempt to move toward settlement from the beginning by sharing resources and working together to solve the major divorce issues.

Divorce between billionaire and wife hinges on interpretation

For couples in Minnesota who have significant assets, the process of divorce can be exponentially more difficult than that of a couple with limited assets. In many instances, there are substantial business assets that will be difficult to separate as the process moves forward. Each side might claim to warrant a larger piece of the financial holdings than is agreeable to either. With family-owned businesses with each side laying claim to its growth, the issues can get disagreeable and difficult.

How does divorce affect child custody in Minnesota?

When people in Minnesota choose to end their marriage, one of the most common and heart-wrenching issues they have to deal with has to do with child custody. There is a great deal of emotions and confusion when it comes to where the children will live, how the visitation rights will be organized and what the allocation of parenting time will be. The fear that many parents harbor can be assuaged by gathering accurate and relevant information as to how the law in Minnesota views child custody.