St. Paul Family Law Attorney Blog

Divorce advice for Minnesota couples focuses on the psyche

2013-05-15T19:03:03Z

The Huffington Post just published a new list of five things that you will need in order to get through a divorce. They include music, food, a TV show, and splurging on yourself. Although these items may not seem overly practical, the point of the piece is critical. Psychologically, a divorce can be devastating. We all need something to keep our spirits up until we recover from the stress and trauma of a marital split.

Many divorce publications focus on this element of a divorce. After years of marriage and parenting, a split can sometimes erase an individual of their identity. But, that never has to be the case. Minnesotans can all live happy and successful post-divorce lives and stories like these help lead the way.

]]> Outside of cookies and a night out with friends, negotiating and securing your legal rights in a divorce can be integral to your psychological well-being. Divorce mediation and the resulting property settlement will outline your financial well-being, which can cause many divorcees serious anxiety. These emotions are normal, but can be alleviated in modern-day divorce proceedings.

Stressful divorce proceedings merely aggravate negative emotions that arise as a result of the split. By focusing on the positive rather than the negative, divorcees can work toward returning to a happier version of themselves. While cherishing the little things, like food and time with friends, is important, it is also vital that you eliminate the possibility of losing legal rights in the actual divorce proceedings by educating yourself and getting any assistance that you may need.

Source: Huffington Post, "5 Things You Need to get Through a Split," May 8, 2013

Former Minnesota Twin getting divorced

2013-05-09T05:48:25Z

Things have been pretty good for David Ortiz since he left the Twins to play for the Boston Red Sox. He has blossomed into a superstar power hitter while also earning a World Series ring along the way. One constant during his roller coaster ride from the minor leagues to Minnesota to Boston to World Champion has been his wife Tiffany. However, Ortiz recently confirmed that his marriage is coming to an end.

Despite the impending divorce, Ortiz has been red hot at the plate lately. He has vowed to not let his personal matters affect his play and, as of late, he has been making good on that promise. This stellar play comes as a surprise to many who have gone through a divorce. The stress can be debilitating. As Ortiz shows, however, many times people are able to thrive during and after a divorce.

]]> For Ortiz and wife Tiffany, they reportedly have just reached a point where the relationship no longer worked and it was time to go their separate ways. According to Ortiz, the process has been amicable thus far as the couple divvies up assets, establishes support obligations and irons out issues concerning their three children.

This amicability is attainable for almost any couple. Divorce mediation proceedings and property settlement negotiations can eliminate the stress and tension of court battles.

Divorcees often separate their split with the rest of their lives with a little help from various professionals and a vow to set their emotions aside. In this manner, they can secure everything that is important to them in their old life, while still succeeding in their new life.

Source: MLB.com, "Ortiz filing for divorce, vows it won't affect play," Ian Browne, April 29, 2013

St. Paul debates merits of permanent alimony after divorce

2013-05-02T09:25:07Z

The Minnesota legislature is considering another significant change to the state's family law scheme. This time, alimony has come under the microscope. Often times the most contentious issue of a divorce, alimony can be permanent in almost every state . But, given the potential inequity in these arrangements, local lawmakers are considering limiting spousal support payments.

The potential new law is suspected to have many different features. First, the length of payments would be limited to half the length of the marriage. So if a couple was married for 20 years, either spouse's alimony receipts would be capped at ten years. Also likely to be included is a clause that allows a paying spouse to stop payments once he or she retires. There is also some talk about being able to alter current alimony arrangements with post-divorce modifications.

]]> Minnesota is not the only state to be considering a change. Florida is also reportedly going to pass a similar law and other states have also been slowly weakening alimony laws. These developments are being closely monitored by legal experts in the Twin City area.

Alimony payments can be a very crucial part of any divorce proceeding. If one spouse is earning substantially more than the other, a split can potentially have significant effects on the other spouse's standard of living. At the same time, excessive alimony payments can burden a paying spouse and reduce their standard of living substantially.

This is why divorcees need help working out a plan. Local St. Paul attorneys can help spouses understand alimony laws and what exposure exists. This can help the spouse understand his or her rights and know what to expect during the divorce process.

Source: My Fox 9, "Should Minnesota end permanent alimony?," Set Kaplan, April 25, 2013

Minnesota child custody legislation apparently shelved

2013-04-25T08:36:34Z

Just one year ago, the Minnesota legislature was engaged in spirited debates about the amount of parenting time that each divorcing spouse should get. Current laws set a baseline of twenty-five percent for each parent. The remaining fifty percent is set by the agreement of the parties or by court order. So, legislators sought to eliminate this battleground by changing the baseline to a fifty-fifty split.

Eventually, the 2012 legislature approved a child custody bill that raised the baseline amount of parenting time for each parent to 35%. However, Governor Dayton vetoed the bill out of concerns that it might harm children who were better off spending the majority of their time with one parent or in one home. Given the support for the vetoed bill just one year ago, many presumed that similar legislation would be offered again during this year's legislative session. Nonetheless, reports out of the capital suggest that no such legislation will be introduced this year.

]]> Accordingly, divorcing parents, it seems, must arrange parenting plans according to the status quo. When a spouse files for divorce, he or she sets in motion a process that can have an infinite number of conclusions. Since 50% of a child's time is up in the air, there is simply no guarantee as to how a parenting plan might turn out. Moreover, though parenting time is generally split, the law does not preclude sole custody, especially in cases where the child may be put at risk of abuse or neglect by one parent.

This uncertainty can be unnerving to loving parents who are seeking what is best for their kids. Given the flexibility in possible resolutions, divorcees are encouraged to consider their priorities and work toward turning those priorities into a reality. It is unlikely that the legislature will ever mandate terms of a divorce. Each case is different and deserves individualized attention. As a result, divorcing parents need to be prepared for this process to ensure that their custody rights are not jeopardized.

Source: Star Tribune, "From the 'whatever happened?' department: child custody legislation," Jeremy Olson, April 18, 2013

Minnesota Court Case Puts Divorcees on Notice

2013-04-17T17:46:40Z

One of the most important issues in a divorce is a couple's pension rights. While the issue is not as crucial for divorces involving younger couples, baby boomers nearing retirement know how significant this money is for retirement. Now, a new Minnesota Supreme Court opinion is reminding divorcees just how important and technical these procedures can be.

The court decision essentially stripped an ex-wife of her pension benefits because she failed to file a court order in time. The couple involved in the case divorced all the way back in 1993. At that time, the woman received a half-interest in any future pension benefits. In order to enforce this claim, however, the ex-wife was required to serve the order on the pension payor.

]]> She served the order in 2005 but, at that time, her former husband's new wife was named as the secondary beneficiary. The Court ultimately ruled that this was untimely and denied her the benefit of the half-interest in the pension.

This harsh result has put many divorcees on notice. When a couple splits, there are often substantial assets in retirement accounts and pension entitlements. Dividing these deferred benefits can be tricky. No matter how difficult it might be, though, it is a vital issue for divorcees, especially those closer to retirement.

Local St. Paul attorneys are well aware of the importance of retirement assets in a divorce. Without them, a divorcee's future can be put in jeopardy. These professionals know the formalities in securing these benefits and can help their clients ensure that nothing is lost in translation and during the legal process.

When dealing with a divorce and property settlement, there are simply too many things that can go wrong. Divorcees must not take these things for granted and are urged to retain the appropriate expertise to avoid the harsh results.

Source: On Wall Street, "Protecting Clients' Pension Rights After a Divorce," Donald Jay Korn, April 5, 2013

Parenting classes may be prerequisite for Minnesota parents

2013-04-10T19:30:36Z

According to local reports, there is bipartisan support for a new bill that would require all parents to take a parenting class upon getting a divorce. Minnesota legislators will decide whether to limit the law to parents only in contested cases, as the law sits today, or whether to expand the requirement to all divorcing couples. The law would apply to all parents irrespective of the child custody arrangements.

A local expert suggested that it is simply too easy for negativity toward another spouse to leak out during a divorce onto the children. The hope is that the mandatory class teaches all parents that their children are at risk of being thrown in the middle.

]]> There are so many things to consider when getting a divorce. Property division, child support and alimony are just the tip of the iceberg when it comes to things that can seriously affect your pocketbook in a divorce. Above all of these monetary concerns, though, is the welfare of the children. For many divorcees, the kids are the most important stakeholder in a split.

While the parenting class may be beneficial for children, there are other ways for parents to secure the best interests of their children in a divorce. Local St. Paul attorneys take great pride is representing parents who are trying to protect their child's welfare whether a contentious child custody dispute exists or not.

These professionals can help a divorcing spouse with working out or enforcing a child custody order or with negotiating a simple parenting plan. Parents can also seek assistance with other matters pertaining to their children. Given the importance of the subject, it's important for parents to get help with setting their kids up for success.

Source: kstp.com, "Parenting Classes Could Be Required After Divorce in Minn.," Mark Saxenmeyer, March 29, 2013

Minnesota foster parents win child custody dispute

2013-04-05T19:26:40Z

The Minnesota Supreme Court recently decided that a local foster couple was better suited to care for a pair of children than the children's maternal grandparents. The young girls, now ages 2 and 3, were initially placed in foster care after police discovered traces of cocaine in their system. The mother lost custody as a result, but that did not stop her parents from fighting for child custody of their granddaughters. Nevertheless, the foster parents ultimately prevailed and will now be able to keep the girls.

The case has raised questions on the consideration of race in a custody dispute. The foster parents in this case are white while the children are black. The Minnesota Supreme Court ruled that blood relatives should be given first consideration, but not necessarily preference, in adoption proceedings. Legally, race is not a factor in determining custody. At the same time, "cultural needs" is a consideration.

]]> This ambiguity can be difficult for the grandparents to accept, especially after an adverse custody order. The result, however, is not atypical of child custody cases in general. There are a number of factors that go into these determinations. There can be a mix of positive factors for the children, as well as some negative factors. In the end, difficult determinations must be made.

Without help, parents may risk their rights to the whim of a decision maker who cannot fully grasp all of the dynamics of a parent-child relationship. Whether adopting, divorcing or seeking a formal parenting plan, family law issues can be complex and getting the right information about all of the available options can help parents secure the future of their family.

Source: Mail Online, "Court rules white foster parents should raise sisters, 2 and 3, over black grandparents that have battles for them," March 28, 2013

Minnesota Trail Blazed Collaborative Divorce

2013-03-27T20:12:14Z

This blog regularly reports on the evolution of the divorce process. The negative connotations associated with divorce may be deserved but, more and more, these negative connotations are becoming irrelevant. Minnesota harbors divorce proceedings that encourage amicable solutions. A new report out of Tennessee helps explain why.

Nashville has seen a rise in a process tagged collaborative divorce. The process, according to the reports, got its start in Minnesota in the 1980's. Essentially, it calls for divorcees to work together to iron out property settlements and child custody arrangements. This teamwork has started to infiltrate the divorce process all over the country. In the Twin City area, collaborative divorce is nothing new.

]]> Certainly, divorces can be bitterly contested and contentious proceedings may be unavoidable with certain parties. But, the laws and aura surrounding the process now push for a more amicable path.

Local St. Paul attorneys are experts at conforming to each particular situation, whether bitter or amicable. They can easily adapt to aggressively advocating for a parent's rights in a contested divorce to astutely managing the details of an agreeable property settlement.

Even when a separating couple decides that they can come to terms without a bitter legal battle, an attorney still might be needed to help the couple avoid missteps, including tax consequences and unenforceable agreements.

The world of divorce is much change from 30 years ago. While Minnesota may have been the birthplace of a collaborative divorce, not until now has the process really taken hold throughout the country. Today, divorcees can customize a divorce to whatever their particular needs may be. This flexibility has allowed for families to actually strengthen after a divorce.

Source: WUSA9, "Collaborative divorce offers options to court battles," John Partipilo, March 21, 2013

Judge weighs in on Minnesota divorce

2013-03-19T16:12:18Z

Judge Ann Carrott recently provided some much needed information and clarification regarding marriage dissolution in Minnesota. Who better to lay out the legal details than an experienced judge that deals with these issues on a daily basis? Judge Carrott's core advice, however, was to focus on friends, family and clergy during the divorce process. This focus will allow the legal wrangling to fall into place.

As this blog noted recently, Minnesota is a no-fault divorce state. This means, essentially, that neither spouse needs to assert blame to get a divorce. They must simply allege that the union is irretrievably broken. The other spouse cannot challenge that allegation, but may contest the terms of the split.

]]> This is where divorce law gets complicated. Spouses want to know what will happen to their assets and, more importantly, their kids in a divorce. Child custody and property settlements are two of the central issues facing divorcing couples. The judge has control to determine what is in the best interests of the child, and how the property can be equitably divided.

Nonetheless, the process is not a unilateral gavel slam by the judge. Minnesota's local judicial officers require a lot out of divorcing spouses. They intend for the couple to sit down and iron out details that are agreeable to them both. The hope is that the pair can avoid a divorce trial, and proceed on with their lives.

While Judge Carrott noted several resources available to divorcees going it alone, she also highlighted the value of a local family law attorney. St. Paul's family law experts are especially skilled at guiding clients through a divorce. They have dealt with a myriad of issues in the wake of a split. As a result, they know what items need to be addressed in negotiations and subsequent agreements.

Source: Echo Press, "Dissolution (divorce) in Minnesota," Judge Ann Carrott, March 13, 2013.

Minnesotans' southerly neighbors consider new divorce law

2013-03-12T19:55:06Z

Iowa's legislature is currently vetting a bill that would purportedly eliminate the state's no-fault divorce. Essentially, the current law has simplified the divorce process and allowed uncoupling to take a more streamlined path. Proponents of the bill suggest that this process has resulted in couples failing to give their relationship one last chance.

While an adult relationship is no one else's business, the proposed law would be limited to married couples with children under the age of 18. The real goal of the law, according to supporters, is to encourage families to try and stay together by working through their issues before deciding that a divorce is needed. Residents just north of these developments, in St. Paul, are wise to take notice.

]]> Minnesota, like Iowa, is currently a no fault divorce state. Typically, that moniker is given to laws that eliminated the archaic system that required a spouse to show that the other had breached the marital contract. While Iowa is unlikely to revert to this model, the proposed law does have some aspects that resemble divorces of days gone by. The question is whether Minnesota will be swayed by similar movements.

Opponents to this type of law suggest that prolonging the inevitable can do more harm than good. These people point out that by the time couples reach therapy, 90% end up getting divorced anyway. Allowing for a streamlined split, they argue, is the best option. This logic, however, does not deter the proponents who see this as more of a moral issue. They are striving to do all they can to give children the benefits of a two-parent home.

Though both sides have respectable goals, there can be only one outcome. Meanwhile, Minnesotans do not have to fret about the efficiency of their divorce laws. Despite these debates, local rules allow couples to split in an amicable and well-organized process. Local St. Paul attorneys can help these divorcees through the progression. From ironing out the tax implications of a property division to securing parental rights in a child custody agreement, these experienced professionals can ensure that no matter is left uncovered.

Source: KIMT 3, "Bill to end 'no-fault' divorce," March 7, 2013

Will Supreme Court Opinion Affect St. Paul Parents?

2013-03-04T23:46:33Z

There has been a lot of talk lately about the United States Supreme Court. Its upcoming opinions on gay marriage are especially anticipated. But while this topic garners a lot of attention, the Supreme Court continues to interpret laws on a wide variety of subjects that affect Americans' daily lives.

For many Twin City residents, the most important part of their lives is their families, especially their children. And although most family law is state law, the U.S. Supreme Court has some control over the laws that affect families and child custody. Recently, the Court issued a ruling that could have significant effects on multi-national parenting situations.

]]> The case arose between an American military officer and his Scottish wife. The couple divorced in 2010 and the mother took the child with her back to her native Scotland. The man sought custody but a federal appeals court ruled his challenge was moot because the child had been in Scotland for over one year. In essence, he was told his only recourse was in a Scottish court.

The Supreme Court, however, reversed this decision and held that U.S. courts do not lose jurisdiction over child custody disputes just because the child is living overseas. The opinion gives American parents hope that they can secure and challenge custody rights without having to go to a foreign jurisdiction.

Though many parents will never encounter this dilemma, it arises more than most people think. Fortunately, local St. Paul attorneys understand how the family courts handle these types of issues. When getting a divorce or going through a custody battle it is important in some cases to know how things will play out if one of the parents ends up living abroad. As a result, of the Supreme Court's ruling, parents in a similar situation will no longer risk losing their right to litigate custody in an American courtroom.

Source: Star Tribune, "Supreme Court says US courts still have work to do in international child custody case," Jesse Holland, February 19, 2013

New tax laws may affect Minnesota's divorcees

2013-02-26T23:37:00Z

Although the American people avoided the fiscal cliff, legislators passed the Taxpayer Relief Act, which raised the tax rate for individuals who make over $400,000 per year. While imposing taxes on the top income-earners was not a surprise to many, Minnesotans need to understand how they may be implicated in a divorce.

When a married couple divorces, oftentimes, one of the ex-spouses will owe the other party alimony, which is typically a certain portion of the income the higher earner receives. There can be significant tax consequences involved with alimony since it is considered taxable income.

]]> Property settlements and spousal support agreements after a divorce can be uniquely tailored to any situation. It is important that divorcees understand the consequences of certain agreements before, after, and during marriage and how best to structure the split of their assets. In come cases, the tax burden may lessen the value of certain assets.

Drafting prenuptial agreements, divorce settlements, and spousal support agreements can be an incredibly complicated process. Depending on the income and needs of each spouse, a spousal support agreement can control which spouse pays more taxes. While alimony is generally taxable income, divorcees may also structure their agreement to be non-taxable and non-deductible for the person who pays the alimony.

In essence, alimony agreements and property settlements are not one-size-fits-all. Divorcees might consider consulting local specialists regarding their situation and get advice on how to structure the split. This advance planning will not only help them secure the best deal, but also, it can help to minimize tax consequences. As laws continue to change, it is important to keep up-to-date with the current laws in order to optimize one's situation.

Source: Forbes, "Divorcing Women: Will The New Tax Laws Impact Your Divorce Settlement?" Jeff Landers, Feb. 20, 2013

After divorce, how will St. Paul native Lindsey Vonn proceed?

2013-02-21T14:57:50Z

Lindsey Vonn, a professional skier originally from St. Paul, Minnesota, recently made headlines for an ACL injury that could sideline her bout in the 2014 Winter Olympics. At the same time, Vonn is reportedly in relationship with golfer Tiger Woods. Since both athletes have been involved in very public divorce cases, some may wonder what steps they might take if they pursue marriage someday.

While divorce proceedings are often seen as the end of a relationship, they are not always the clean break that couples seek, especially if kids are involved or the public is watching to legal proceedings unfold. Divorcees can pursue agreement modifications to change the terms of the divorce settlement. These post-divorce modifications can impact anything from child custody to alimony.

]]> Generally, pursuing this option is spurred by a dramatic change in circumstances. While Vonn and Woods have not sought any modifications, it is reasonable to see why an ex-spouse may seek an alimony modification if the other party's financial circumstances change dramatically after a major life event, such as re-marriage. Modifications may also be needed for varying other reasons, such as health conditions or changes in employment.

Beyond modifications, the new celebrity couple might discuss a prenuptial agreement at the same time they begin to discuss wedding rings. As both athletes understand, agreeing to an enforceable legal agreement can ease property and asset division in the event of divorce.

St. Paul residents who are divorced should understand that important family law issues may arise even after a divorce has been finalized. A trusted legal professional can review settlements and see if a modification is possible. At the same time, a family law attorney can help explain what is needed to form a prenuptial agreement.

Source: The Stir, "Lindsey Vonn: 8 Things to Know About Tiger Woo ds' New Girlfriend," Emily Abbate, Feb. 10, 2013

Looking at the hardship of permanent alimony

2013-02-16T09:30:09Z

Divorce proceedings are seldom clear-cut. Oftentimes, though, splitting property and parenting time in half is considered the baseline. This, of course, excludes the wild card of divorce resolutions -- alimony payments. Monthly support payments to the other spouse are possibly the most discretionary and possibly crippling aspects of a final divorce decree.

A recent news story discusses the burden that many spouses must carry for the rest of their natural lives. Oftentimes, divorces result in lifelong alimony obligations. Generally, these spousal support payments stop when the divorcee remarries. What may be frustrating, though, is that many recipients of alimony payments simply choose to not officially remarry in order to continue collecting checks. St. Paul and Minneapolis residents are not immune to this phenomenon. Minnesota law can be used to both support and condemn alimony, depending on the circumstances.

]]> Understanding this inherently gray area of divorce law can be critical to avoiding a life obligation of paying your ex. Alimony justifiably grew out of generations of spouses that were supported solely by the man's income. A man's vow to support his wife was viewed as justification for his obligation to support her after the split. This archaic mantra, however, is no longer relevant.

Women and men today often both contribute to supporting the household. They are often both educated and capable of earning money. As a result, a monthly payment from one to the other may represent a windfall to a spouse that can readily make a living.

In some states, groups have formed to oppose permanent alimony because of this societal shift. Although permanent alimony may be a burden on individuals, in some cases it is necessary. Legitimate justifications, like disabilities or a long marriage, may lead to permanent alimony.

Source: Business Insider, "It's Sad How Many Divorcees Are Sentenced to a Life of Alimony Payments," Geoff Williams, January 28, 2013

Neighboring state's high court comes to divorce decision

2013-02-06T17:56:14Z

The former CEO of the Dakota, Minnesota and Eastern railroad has won his divorce case before the South Dakota Supreme Court. The state's highest court upheld the lower court's determination that the man would have joint custody of the couple's children. In addition, the court lowered the amount his ex-wife had requested in child support.

The mother had asked for $25,000 a month in support because one of the children has special needs. She also wished to move to New York to allegedly get the child better medical care, to no avail. The conclusion of the divorce ends a bitter battle for now and sets a road map for the couple's post-marital relationship. St. Paul residents share similar divorce procedures with their western neighbors.

]]> After a divorce is initiated, the couple jockeys for positioning on everything from airline miles to the future school for their children. Spousal support, child support and property settlements are all items that need to be resolved. Sometimes exes can reach amicable compromises that do not require much participation from the court system. Other times, couples must have a judge divvy up the marital estate, determine custody and calculate support.

When this occurs, a dissatisfied divorcee can appeal the decision to a higher court. Unfortunately, it is very difficult to upend a judge's decision at this point in the proceedings, as the South Dakota case shows. As a result, ex-spouses want to get it right the first time.

Local St. Paul attorneys can help couples negotiate for their rights in a divorce. If things cannot be settled amicably, local attorneys can advocate for a fair ruling in court. When this is challenged, these local specialists can also represent a divorcee in appeal and either preserve a favorable ruling or undo an unfair one. From start to finish, an attorney can help ensure that little is forfeited in a divorce.

Source: Keloland Television, "SD Supreme Court Makes Decision is Divorce Case," Jan. 24, 2013