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November 2014 Archives

Avoid these property division mistakes in a divorce

In a Minnesota divorce, the biggest thing that couples fight over - besides children - is the family home. While many spouses are happy to get rid of the family home because of so many bad memories, it has sentimental value for some people. Perhaps there are children involved and one parent thinks staying in the home will reduce their stress. For another spouse, the reason may be that it is his or her first major purchase and he or she is not so willing to give it up. Whatever the reason, with real estate law so technical, it's best to make sure the property division is done properly.

How is social media used in a divorce?

Just a few decades ago, this world lacked the technology that many Minnesota residents can't seem to live without today. There were no smartphones or tablets, which meant that there wasn't even any social media. Email, snail mail and the telephone had to be used to inform friends and family of important events and daily happenings. While many people can't function without their daily fix of Facebook and Twitter, many regret using it - especially when it's being used as evidence in a divorce.

Prenuptial agreements recommended for same-sex couples

Minnesota residents may have noticed that prenuptial agreements have been in the news a lot lately. That's because these legal documents are recommended for those who want to get married but don't want to lose certain assets in a divorce. Because Minnesota recognizes gay marriage, there are many same-sex couples who may be thinking about entering a marriage. Should they consider prenuptial agreements as well?

Factors that affect child support calculations

When Minnesota couples divorce, they may have children involved. This means that child support will come into play, and many couples assume that the court will determine the final amount without any input from the parents. While the courts do primarily use a formula based on income and number of children to determine the monthly payments, there are other factors that can be considered.

Rights to child custody when Minnesota parents are unmarried

In a divorce, both parents typically have an equal right to receive child custody and visitation rights unless one is considered to be an unfit parent. However, this rule is a little different when the parents were never married. The laws vary from state to state and typically favor the mother. For example, in Minnesota, both parents must fill out a form in order to establish paternity.

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