Collaborative divorce tends to be a good choice if your spouse and you are largely in agreement about how you want the various issues to be resolved. Where there is agreement, emotional tension is usually at a minimum. That typically means that costly litigation can be avoided. But the collaborative process does not mean you give up your right to have the divorce litigated. If issues do crop up prior to finalizing things, the door remains open to going to court.
]]> Another means of working through a divorce without litigation is by working with a mediator. As with collaborative divorce, costs can be lower. And, as many experts in the family law field know, almost all divorces in certain states wind up being resolved through mediation anyway. So those experts suggest going with mediation to begin with.But the recommendation doesn't come without certain cautions. For example, the experts stress you should choose your mediator with care, based on record and experience. You shouldn't feel pressed to sign off on any settlement at the first mediation session. Rather, the experts recommend taking a few days to look over the paperwork.
In some cases, it might be a good idea to work through the document with your own lawyer. Getting a second opinion from an experienced attorney can assure you that your interests are covered. The second set of eyes also helps reduce the chance that human error results in a flaw in the settlement that forces you to go to court later to get things corrected.
]]>In matters relating to divorce and division of property, variation in the way specific issues are discussed can lead to confusion and misunderstanding. In the case of retirement accounts, such errors can lead to one or both parties suffering a loss of benefits that could alter their lives for the worse.
]]> Such dilemmas can be avoided, but it requires a clear understanding of the rules regarding particular types of retirement funds and then filing all of the correct documents with the right agencies and the court. You have to make sure everyone is in sync on how things will go.For example, if you and your soon-to-be-ex-spouse have shared a long married life together and have built up a nest egg in one or several Individual Retirement Accounts, division will be subject to a "transfer incident to divorce." However, if you have a defined contribution plan like a 401(k) or some other similar asset, any split will be handled through a "qualified domestic relations order" (QDRO).
If that isn't confusing enough, many courts refer to both processes as QDROs. That fails to note the distinction and if your paperwork doesn't properly delineate the difference, it could mean unwanted problems later.
Because of the inherent complexity of dividing retirement accounts, it is always advisable to work with an attorney who has experience dealing with the process and who can help lay out the best strategy for achieving your desired objectives.
]]>Not only that, but each county's courts approach this issue differently. It's not safe to assume that a strategy employed in Hennepin County will work in Washington County. Thus, a full understanding of monetary needs and legal experience throughout the metro area become important factors when looking for an attorney's help.
]]> There are some general standards a party is expected to meet under state law to make a request for spousal maintenance. These include showing:Other factors that tend to influence the amount and duration decisions related to spousal maintenance include:
As you can see, there are a lot of variables that can affect any final maintenance determination, so it becomes hard to say what to expect with any certainty. If the court feels a spouse won't be able to achieve independence, permanent support might be ordered. In other cases it might be temporary -- covering a set time to allow a spouse to get retrained and employed.
Achieving the desired outcome depends on making a clear assessment of individual goals and needs.
]]>Due to the plethora of information shared on social networking websites, it is no surprise that the information found or discovered on these websites has the ability to spark breakups. Courts in most states will even accept posts made on social media sites as evidence in divorce proceedings. In fact, information found on an individual's social networking profile can often be used to bolster claims in child custody disputes. As such, it is especially important to be cautious of not only what you post on social media, but also what others post about you, as this information can be used as evidence in a divorce proceeding.
]]> While courts have begun regularly accepting the use of Facebook as a weapon in litigated matters, there is some movement towards the use of Facebook in an effort to facilitate a smoother dissolution process. The most recent example of this occurred in New York where a Judge ruled that a New York City woman could serve her husband with a divorce summons via Facebook.In that case, the parties were married in a civil ceremony in 2009, but the marriage was never consummated and the parties never lived together. In fact, the parties only kept in touch through social media and the occasional phone call. Even after seeking the assistance of a private investigator, an address for the man could not be found.
In order to start a dissolution proceeding, divorce papers need to be served. This becomes extremely tricky when your spouse cannot be located and he refuses to make himself available to be served. Last month the Judge ruled that the woman could implement Facebook in her attempts to serve her husband. In making the decision, the Judge noted that this approach "should not be rejected simply because it is novel or non-traditional. This is especially so where technology and the law intersect." At this point, there has been no word as to whether or not this approach has been successful but it will be interesting to see whether other states will follow New York's lead in allowing social networking websites to serve as a procedural tool when all other traditional avenues have been exhausted.
]]>Some might argue that the same could be said of the term collaborative divorce. Divorce by its very definition is the legal ending of a marriage and it typically reflects that the parties seeking one have determined they can't work together. Collaboration by its very definition means two or more people working together to achieve a common aim.
]]> In that light it seems fair to ask, how can collaborative divorce work? The answer is that it depends on both parties being properly disposed to the notion. That typically means that you both generally agree on most of the major issues that have to be dealt with and are willing to commit to resolving disputed issues honestly, cooperatively and respectfully.Those in Minnesota with deep experience in this area of practice will surely attest that there are benefits to the collaborative process beyond avoiding what is often an adversarial contest. It's estimated that mediation is less costly than going to court. It usually can be completed faster and more flexibly than going to court. Working collaboratively offers a greater level of privacy, as well.
Divorce is always emotional. It does not have to always be painful. If you have more questions about whether collaborative law might be an option for you, visit our page on the topic.
]]>The concepts supporting those tenets are fairly straightforward. Asking questions is part of any meaningful decision-making process. And -- while decisions made may be changed -- actions taken can't be altered.
]]> Decisions about divorce and all the issues that go along with it are among those definitely better made after a period of due diligence and planning. From determining whether or not to divorce, to assessing all the pertinent elements, to crafting a plan for how to achieve the vision of life after the process is finalized, it's important to examine all questions and concerns.Addressing child custody might not be limited to just determining immediate parenting plans. It might also include long-term goals like paying for college. In Minnesota, issues related to alimony may be addressed in different ways by different courts. Therefore, developing a strategy that takes the nuances of a given court into account can be crucial to achieving an outcome that is not just desirable, but also fair.
It can be easy to think that because divorce is as common as it is one is very much like another. But just as every person is different, so is every situation of family law. To be sure that each next step is taken with confidence that your possible options and future eventualities have been accounted for it's important to work with an attorney equipped to respond to your unique questions.
]]>Going through a divorce is never easy. One of the major financial hurdles that every divorcing couple must face is making the transition from a two-income home to a one-income home. With retirement on the horizon, financial considerations become increasingly crucial when a divorce is sought later in life.
]]> When faced with divorce, older individuals have a limited amount of time to make plans for retirement. While the allocation of the various forms of financial and retirement accounts are addressed during the divorce proceeding, many individuals are left in the dark as to their right to claim Social Security under their ex-spouse's earning record. Investment News recently compiled a list of the top 10 Social Security Questions that arise in light of divorce.An individual's eligibility to collect on the benefits of an ex-spouse is a matter of federal law and, as such, is typically not addressed in their divorce decree. This eligibility is not a guarantee, however. In order to collect Social Security benefits based upon an ex-spouse's benefits, the couple must have been married at least 10 years. If eligible, these benefits are equal to what could have been claimed had the divorce not occurred.
Remarriage affects your eligibility to collect on a former spouse's benefit. Generally, remarriage extinguishes the right to collect on a former-spouse's benefit. There are some exceptions to this rule, however. For instance, if an individual remarries after they have begun collecting on their spouse's benefit, their new marriage does not revoke their right to continue collecting these benefits.
A divorced individual can file for benefits independent of the other spouse if both parties are 62 and if two years has passed since the divorce was finalized. If an ex-spouse dies, the surviving ex-spouse can claim a survivor benefit worth 100 percent of what the deceased former partner was receiving or could have received at the time of death, even if the deceased had remarried.
The nature of retirement benefits accrued through an individual's employer may also impact their ability to claim Social Security benefits. As such, it is important that the entire picture is looked at when making financial decisions in the face of divorce.
]]>Jeff Landers, a Certified Divorce Financial Analyst, goes so far as to even recommend maintaining a secret emergency fund for the sole purpose of covering the cost of legal fees. Mr. Landers suggests that this is an important precaution that should be taken by the less financially-stable spouse. He reasons that without access to funds, the dependent spouse may be forced to make concessions in the divorce proceeding simply because they cannot afford to actively participate in the dissolution process.
]]> To address this concern, a new business model has emerged to provide financing for individuals facing divorce. These firms provide litigation financing to individuals who cannot otherwise afford to obtain fund their legal representation. While the specifics of these arrangements may vary depending upon the firm, these businesses look at the arrangement as an investment that they will yield a return on. This might seem like a great idea, especially in cases involving complex and high-value assets, but these arrangements need to be approached with caution.These financing arrangements are not available in all states. Even when available, the state may place restrictions on the structure of these arrangements. Minnesota lawyers are discouraged from recommending such agreements for a number of reasons, including the potential impact that these arrangements may have on the attorney-client relationship. When these arrangements already exist, lawyers are guided to do a full risk and reward assessment of the terms.
Obtaining a divorce does not have to be a litigious and costly process. There are a number of alternative means of dispute resolution, such as negotiation and mediation, which are not only more cost-effective, but also can result in an overall more desirable outcome.
]]>Honest, straightforward guidance in this regard is something that any married couple in the Twin Cities might expect from their respective attorneys, especially if the lawyers have extensive experience in the area of divorce and family law. However the legislature at the Capitol in St. Paul is considering legislation that would take things a step further.
]]> In the bill that was introduced in the Senate earlier this month, parents with minor children who are divorcing would be required to attend a four-hour class before their case could proceed. This is not the first time that legislation requiring that parents attend a "Divorce 101" course has been considered, but supporters note that there is broader bipartisan backing for it this time around.One of the chief sponsors of the bill says the purpose of the classes would be to help divorcing parents better plan for the various challenges that they will inevitably face. Monetary issues and child custody matters are expected to be of particular focus within this course. One of the chief sponsors also notes that the course may even prompt some couples to reconcile.
If successful, this would replace the current parenting education requirement set forth by Minnesota Statute. The primary difference between the current parenting education requirement and the proposed legislature is that the proposed requirement will provide divorcing parties with a broader education as to divorce and the issues that may arise as a result, rather than merely addressing custody, child support, and parenting time. Neither the current education requirement nor the proposed education requirement comes free of charge. However, both provide for a good-cause waiver of the fees associated with the requirement so long as certain criteria are met.
Having a clear understanding of what the divorce process entails is imperative. This is especially the case when you consider the fact that the approach taken on certain issues, such as spousal maintenance, can vary from county to county and judge to judge. The best course of action is to consult with knowledgeable attorneys regarding the current state of the law and legislation that may affect your case.
]]>Whether out of malice or greed, hiding assets is not an uncommon occurrence in divorce, according to Financial Advisor magazine. In order for the outcome of a divorce to be fair, it is imperative that both spouses completely disclose their financial circumstances, thus allowing a court to divide the marital property in a manner that does not inadvertently disadvantage one spouse over the other. Although people who hide assets oftentimes leave behind clues, their former spouse may not cue into these unless he or she understands how to read the indicators of such financial impropriety.
Looking out for hidden assets
Tax returns are usually the first place a person should refer to whenever he or she is worried about hidden assets. Any suspicious activity on a tax return should be noted, such as real estate or bank accounts that may not have been disclosed to the court. Loan applications can also be an important source of information as they may reveal a source of funds, such as an overseas bank account, that a spouse failed to disclose to the court.
Other behaviors should also raise red flags. Financial spreadsheets on the family computer may disappear without warning or the computer may suffer an unexplainable "meltdown." Passwords to joint online bank accounts may be unilaterally changed. For divorcing spouses who no longer live with one another, social media activity can also reveal telling information. For example, if a former spouse's best friend posts a picture of his brand new yacht that looks suspiciously similar to the former spouse's yacht, there is a good chance that the friend is holding the yacht for the former spouse until the divorce is finalized.
Offenders risk it all
The reasons for hiding assets are usually either because people are hoping for a more favorable divorce outcome or they are trying to retaliate against an ex-spouse. Regardless as to the reasoning behind hiding assets, the court nevertheless frowns upon financial misconduct upon its exposure and takes these matters seriously.
In a case in California, for example, a wife who won $1.3 million in the lottery just 11 days prior to filing for divorce tried to conceal her winnings from both her husband and the court, according to Forbes. Had she been honest about her winnings, the ex-husband would have been entitled to half of them. However, once the judge found out that the ex-wife had lied, he awarded the husband the full $1.3 million in winnings. While this is an extreme example of a court punishing the offending spouse, there are many other satisfactory outcomes to make the innocent spouse whole, such as awards of conduct based attorney fees.
Uncovering hidden assets
If a person going through a divorce suspects a former spouse has hidden assets, it is best to address these concerns with a qualified professional. An experienced family law attorney can help such spouses who fear they have been the victims of financial deceit uncover any hidden assets that may otherwise result in an inequitable division of the marital estate.
]]>But scholars also acknowledge that the extent of that right is something that has to be balanced against the interests of society as a whole. If honoring individual privacy is taken to a level where it threatens public morals, quality of life or someone's psychological well-being, the argument could be made that privacy has to give way for the greater good.
]]> The area of family law is one that tends to operate at the crossroads of this issue. It's easy to appreciate the view that when a couple marries or divorces it's strictly personal. But then there is also the position that when such actions are taken, they are felt across the rest of society.In Minnesota, property accumulated in marriage faces equitable division in divorce and how that happens can have effects beyond the family. Ensuring the best interests of children touched by divorce is seen as affecting society and is one reason the law requires the state to sign off on child custody and support plans parents develop.
It is because of these connections that a recent proposal from the U.S. Census Bureau has spurred an outcry from a broad audience of interested parties. The idea being floated is the deletion of a number of divorce and marriage questions from the annual American Community Survey. Bureau officials say they don't yield much useful information.
But opponents beg to differ. Researchers say the ACS supplies the most accurate and current data possible on marriage and divorce and is about the only source of its kind -- helping spot social trends that affect families. The experts say it also is important data in terms of assessing demands on Social Security -- a particularly sensitive issue right now.
So what do you think? Are the effects of marriage and divorce on society enough to keep tracking the data, or should such questions be dropped from the poll?
Source: CNN Money, "Should we stop tracking the divorce rate?" Kathryn Vasel, Jan. 8, 2015
]]>The divorce of Oklahoma oilman Harold Hamm and Sue Ann Arnall after more than 20 years of marriage is one that stands out from most others. Readers will recall that we have written about this particular case several times in the past year.
]]> In one post, we used the emerging details to explain the importance of understanding equitable division -- the model of property division followed in Minnesota. In another, we discussed the possible implications of the divorce on Hamm's majority shareholder position in the company he created, Continental Resources. And in one other, we looked at how the lack of a prenuptial agreement could result in a process that is more costly and of greater duration than either party might prefer.The latest developments reported in this case seem to bear that final point out well. A judge's decision in November led to Hamm cutting a settlement check to Arnall for nearly $1 billion. The judge said that was equitable. Arnall's position is that it isn't -- that it represents less than 6 percent of the wealth the couple accumulated during their time together.
She appealed the ruling. But when Arnall cashed that check recently, Hamm's attorneys thought that meant the appeal would be dropped. That is not the case.
Arnall has since made it clear that the appeal is going forward and that cashing the check only reflects her desire to secure control over those funds and her personal independence pending the outcome of her petition. She says that's something that could take yet several more years.
Ending any marriage is not simply a matter of signing papers to that effect. Dissolutions involving complex assets only become more challenging. If you have concerns about how your case might best be handled, the right move is to consult with an experienced attorney.
]]>For example, during the recent recession there were a lot of people who were "between jobs." Apparently that was easier to accept than saying someone was unemployed. And how many times has someone dying on the operating table been called a "negative patient outcome"?
]]> In the area of family law, there are some who find it indelicate to say the word divorce. For them, the term "conscious uncoupling" might be more acceptable. A Google check for divorce euphemisms offers up any number of other suggestions, including one in which a divorcee might be referred to as one who has been "relieved of marital duties."We recently came across an opinion piece in which the author argues that the term blended family falls into the euphemistic category. She observes that blending presumes smoothness. But her view, shaped by her own experience, is that the combining of families through divorce and remarriage rarely happens smoothly. As idealistic as the goal may be, the many personal and emotional dynamics in play make it difficult to achieve.
She offers that it's time to come up with a more accurate term. She suggests that stepfamily has a long lineage of acceptability and might be better. Alternatively, she says second family might work. She says the goal should be to have a phrase that focuses more on the process required than the outcome desired.
Whether her idea gains traction is something we can't predict. What we at de Beer & Associates, P.A. know, however, is that child custody and parenting time issues require care so that parents' rights are protected and the best interests of all the affected children are met. Call us. If we take your case, we will work to make sure the legal processes of your case keep moving forward.
]]>Statistics seem to suggest that there is at least some truth to the idea. Experts are at something of a loss as to why this might be, but as CBS recently reported, it's generally thought that social pressures that tend to rise during the holidays lead to something of an relational eruption.
]]> And it's not just married couples deciding to divorce. Data gleaned from a number of dating applications suggests turnover is high among unmarried couples, as well. According to a review of status updates on Facebook, things start to ramp up in the two weeks before Christmas, plunge just ahead of New Years, and then take off again in January. But the real peak for status changes doesn't hit until around March.We don't know what role property division issues may play in the relational tectonics of Minnesota couples. But from a family law perspective, it may be worth pondering.
Keep in mind that Minnesota is a community property state. That means that any assets a couple realizes during their marriage will be subject to valuation and equal division in some way in the event of divorce.
Establishing value of any items received during a holiday period might be easy to accomplish. But valuing long-standing assets, such as homes, businesses and pensions, and developing a viable plan for financial distributions can be complicated. The help of an experienced attorney is always recommended.
]]>But laws are subject to interpretation and that means they can be subject to change. There are also a lot of detailed processes that need to be followed. If one step is missed or one factor is overlooked, it can lead to long drawn out proceedings and a great deal of uncertainty.
]]> This is true whether the issues being addressed are criminal or civil in Minnesota. In matters dealing with family law, the more complicated a situation, the more potential there is for things to go haywire. Attention to detail and care for the protection of rights is the reason why it's always a good idea to be working with an experienced attorney. No two cases are ever alike and those that involve significant assets only make resolving things more difficult.Sometimes, though it can be the law that creates the difficulty, as a case out of Ohio reflects. The matter involves a divorce two women are seeking to end their same-sex marriage. They had been married in California in 2008 and now live in Ohio.
Early last month, a magistrate in Athens County granted the divorce, and a judge in the county signed off on it later that same month. The magistrate's decision came just days before a federal appeals court ruled Ohio's ban on same-sex marriage constitutional.
Then, last week, the judge who had signed off on the dissolution issued an order vacating his decree. He said he hadn't been aware that the parties involved were of the same sex and that since state law doesn't recognize their marriage, he had no standing to grant a divorce.
What that means for the couple is that they are once again married. And the only options said to be available to them are to either appeal the judge's decision through the state system, or wait for federal courts to eventually resolve the same-sex marriage issue nationally. When that will happen, though, is anyone's guess.
Source: The Athens News, "Judge vacates same-sex divorce," Conor Morris, Dec. 21, 2014
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