When Do I Start The Divorce?

They Need a Minnesota Divorce Lawyer

When Do I Call A Divorce Lawyer? This is always a tough question to answer because, believe it or not, I’m not happy when people get divorced! Yes, I know I make my living as a divorce attorney and I still have a few student loans that need to be paid, but one of my favorite phone calls is when a client calls and tells me that it looks like they are getting back together and please stop the process.  Because of this, I believe that it must be the client’s choice when they should get divorced, not the lawyers. …

Dividing Farm Land In A Minnesota Divorce

I’ve discussed farm divorces before in this blog and while there are some unique issues during farm divorces, there are some general principles regarding the division of farm land (also real property). The basic principle is that each spouse is entitled to ½ of the assets in the divorce as well as ½ of the debt. So if a you and your spouse own 100 acres of farmland valued at $5,000 per acre with $75,000 still owed on the land the total equity to divide would be $425,000. Seems simple enough? Well there are a few sticky points: What is …

How Do I Divide A 401k During My Divorce? (Hint: it’s a QDRO!)

How Do I Divide A 401k During My Divorce?  (Hint: it’s a QDRO!)

A QDRO is short for a Qualified Domestic Relations Order. This is an order that allows you transfer either portions or a whole retirement account between you and your spouse without either 1) the taxes being paid upon transfer and 2) penalty free. It’s very common in Minnesota Divorces to do a QDRO (Hint: we divorce lawyers typically pronounce it as one word a QWAD-RO), but this little beauty is often not talked about very often and many people going through a divorce don’t really understand the mechanism of how retirement money will be divided. My goal is to pull …

Who Keeps The Engagement Ring?

As we know, the Kardashian-Humphries wedding did not end in a fairy tale, but what happened to the ring? Who gets it? First of all, what would have happened to the ring if the marriage had never taken place? In both Minnesota and California, an engagement ring is considered to be a gift that is conditioned upon the marriage actually taking place. The idea is that the inherent symbolism of the ring shows that it is based on the promise to marry. If the marriage never takes place, courts generally have two options in deciding who gets the ring: they …

The Minnesota No-Fault Divorce Law, Fair or Not, It’s What We Got.

He Said, She Said—But Does It Matter? As much as you might be itching to get into court and explain, in the harshest detail, why it is that your ex was responsible for the breakdown of your marriage and why you should therefore receive more of your joint property, this isn’t the way Minnesota’s divorce laws work.  Instead, we have what is called a no-fault divorce rule. This means a couple of things.  First, neither of you needs to prove that the other did something wrong—like had an affair or abandoned you—in order to get a divorce.  A Minnesota court …

Mine, Your or Ours? Property Division in a Minnesota Divorce

Mine, Yours, or Ours?  If a Minnesota court is dividing up your and your ex-spouse’s property in a divorce, some of that property will be considered marital and some of it will be considered nonmarital.  What’s the difference between these two, and what does that mean for you? Marital property You know from the growth in contents of your shed, attic, storage rental and junk room that you and your spouse have bought plenty of things during your marriage.  This is marital property.  And marital property doesn’t just mean tangible things like a car, a boat, or that nice set of …