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February 2016 Archives

What factors does a Minnesota court consider for child custody?

Divorce may not only represent the separation of two previously intertwined lives. It can also mean the splitting up of an entire family, so child custody can be an extremely important aspect of a divorce. Because of this, Minnesota courts follow a strict formula when determining which parent will become the custodial parent. But, what contributing factors does the court take into consideration before rendering a final child custody decision?It's important to remember that the primary factor a Minnesota court will consider for child custody is the best interests of the child. Therefore, one of the first issues that it will consider is which parent the child wants to stay with. However, the court will only consider the child's choice if it believes that the child is mature enough to articulate their preference. As a complementary factor, the court will also consider the wishes of the child's parents as well.

A house divided is a legal issue

Determining real estate distribution in a divorce may be particularly contentious and can have long-term consequences. Minnesota court forms only allow for one spouse to obtain 100 percent of the couple's real estate, such as their home or vacation cabin. The other spouse may have a lien on the real estate.

TV actress finalizes divorce, must pay spousal support

During a divorce, some of the most common points of discussion may include child custody, child support and spousal support. These issues can be even more contentious during a high asset divorce and spouses can go to extreme lengths to fight for what they believe is theirs. Recently, one TV actress has finalized her divorce from her husband and it has cost her more than she initially thought.

In Minnesota, a legal separation is similar to a divorce

Some residents in Minnesota think that a divorce or an annulment is the only way to change the status of a marriage. However, a legal separation is another method that can allow couples to live apart from one another. A legal separation in Minnesota will officially change the status of a marriage. Sometimes, it can also be as complicated as a traditional divorce. So here are some facts about the legal separation process.

You can't divorce a dead person

Couples going through a divorce in Minnesota often face numerous personal, economic, legal and emotional challenges. State courts have also had to address the seemingly perplexing but not entirely unexpected issue where a party to a marriage dies before the divorce is finalized.

Court rules that wife must accept terms of prenuptial agreement

A divorce can sometimes turn into an epic legal battle, especially a divorce that deals with high assets. It's during times like this that a prenuptial agreement can often be the determining factor regarding a couple's assets. However, for one well-to-do socialite, the prenuptial agreement that she signed will prevent her from obtaining a more generous divorce settlement.An appeals court has just ruled that Alexandra Lumiere Gottlieb must accept the terms of the prenuptial agreement that she signed before marrying her husband, hedge fund czar Jacob Gottlieb back in 2006. This means that she will receive a total of only $1.6 million dollars as a divorce settlement, even though her ex-husband makes $54 million dollars a year.

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