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. …

Recovering Attorney Fees in a Minnesota Divorce

Tired of paying for the “pleasure” of divorcing? Recovering Attorney Fees in a Minnesota Divorce For a variety of reasons, most states in America follow what is called the American Rule regarding the payment of each party’s attorney fees in litigation:  Which means each party must pay their own attorney fees.  This is in contrast to the English Rule, which generally requires the losing party to pay the winning party’s attorney fees.  The American Rule, however, can bring hours of frustration (and a huge expense) when your ex makes yet another motion seeking to be awarded some obscure item of …

Primer On “No-Fault Divorce”

Fault Divorce

What is No-Fault Divorce? When you plan to get divorced, there are several questions that fill up your mind. A divorce will bring cause great change in your personal life. When a couple decides to end their marriage, there is usually some valid reason for taking this step. It is vital to understand this reason then file the papers in the court accordingly. In some state, ff your spouse has cheated on you, then you can opt for adultery as the ground for divorce (but not in Minnesota). When either of the spouses is not at fault for the divorce …

What If You Can’t Afford A Divorce (Lawyer)?

With the economy down lately it’s fairly common I get a several calls during a week from people seeking a divorce, but they say they can’t afford it and just want a few tips. I have to say I always chuckle and think what other profession can you call up and hope to get a few tips, for free? I normally chat for 15 minutes or so and consider it part of my pro bono duty for the week. But, it does lead into a more serious question and that is, what can a person possibly hope to learn in …

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 …

Are Minnesota Courts Biased Against Fathers In Custody Decisions?

Are courts biased against fathers in custody decisions? Following a divorce in Minnesota, courts are required to make many decisions about who gets custody of the kids based on the best interests of the kids.  Fathers often feel that, more often than not, this results in the mother having sole custody of a child, or fathers receiving inadequate parenting time with the kids.  Is this just a perception or does this actually happen?There are basically two competing considerations here:  first, that Minnesota law doesn’t provide for any special consideration to mothers in custody determinations.  In other words, there is no …

2 Year Waiting Period For A Divorce!?!? (Maybe…)

You can count on some strange laws being proposed every election cycle and 2012 is no different.  A law has been proposed in the Minnesota Senate last week to 1) allow contested divorces with minor children and 2) required a 2 year waiting period if their are kids. If this law goes through it will a monumental change in the way divorce is handled in Minnesota.  Currently, you only need to have lived in Minnesota for 6 months and claim an irretrievable breakdown of the marriage to be divorced.  Or to put it another way, one party says “I want out”. The proposed law …

How Can I Save Money On My Divorce? (secret contained below!)

Lowering divorce costs

Divorce On The Cheap In Minnesota Your relationship with your spouse has hit the point of no return, and you know you can’t work it out.  A divorce is looming.   But the last thing you want to spend your hard-earned money on is a divorce!  How can you keep costs down to reduce the negative impact of an already painful time in your life? First, keep in mind that there are good ways to save money during a divorce and bad ways to save money during a divorce.  That is, not all cost-saving is beneficial to you, even if it …

Minnesota Divorce, Alternative-Style!

What’s the first thing that comes to mind when you think of the word “divorce”? For many people, it’s a lawyer. And for good reason–in most circumstances, it’s in your best interest to have a  lawyer represent you during your divorce. But in some cases, the best method of getting a divorce might not be the traditional lawyers-and-courtroom method. Minnesota offers several types of alternative dispute resolution (ADR) available to divorcing couples. Here are some of the pros and cons of each. Divorce Arbitration: Arbitration is, on its face, very similar to a court proceeding. You and your ex can each …

Can I Change My Judge In A Minnesota Divorce Case?

In Minnesota, you cannot “pick” your Judge for your divorce case, but you can remove the Judge, once, very easily. The rule is Minn. R. Civ. Procedure 63.03 . As is often the case, there a few specifics that must be followed in order to get a new Judge on your case: Must be removed within 10 days of notice of judicial assignment. Each Paty may only remove once. Since there is not a jury in Minnesota Divorce cases, the Judge will be the trier of fact. This means the Judge will listen to the facts, to you, your spouse, …