Q: If one spouse used profits from the sale of a home towards the purchase of a new home are they entitled to more?
I moved into my husbands' house before we got married. After we had been married for a couple we sold his home and purchased a new one together. He used the equity from his home as the down payment for our new home. Is he entitled to more of the proceeds for the sale of the home we... Read more »
Q: Am I considered a "survivor" to my ex's pension after death if the decree does not state "with no survivor benefits"?
Decree states, (Ex's) pension earned through 12/31/86...shall be divided...in the following manner: (a) "The US Government, by and through the Office of Personnel Management (OPM), shall pay directly to the respondent herein, (me), the sum described in subparagraph (b) herein, from each... Read more »
Q: Domestic abuse claim was dismissed by verbal agreement with ex's lawyer to move to divorce. Defaulted, petition changed.
Multiple times before divorce entered. Unfair division of property and debt. Ex got 100% physical 50%legal custody of 4 kids. Ex had job and was in charge of finances. I was stay at home parent. No spousal maintenance. Drained joint bank account and closed. Ex played victim got away with... Read more »
Q: I want to file for divorce. We have one kid that is 26 years old. We don't own any property together.
We don't want anything from each other. But he has a van in my name that I would like out of my name and he has a car that he is paying on that I am the co signer on. How do I start the process?
Q: I am a victim of an emotionally abusive and cruel wife, and i live in minnesota. She is currently out of the house
She has gaslighted me, attempted AND succeeded to ruin my reputation, my career, and has used knowledge of very personal matters (like past sexual and physical abuse) against me and even took my kids and dogs to my abusers house 4 weeks ago (my parents) and told them all of my secrets. I asked her... Read more »
Jonathan Matthew Holson
answered on May 16, 2022
There isn’t reality a cogent question here. But it seems to me that the place to start is by reaching out to some family law attorneys about pursuing a divorce here.
Q: Do you have to buy out an ex from a martial home or can he give you his half?
My husband and I separated in October. He moved out and got an apartment. I am working on finding an attorney to get the divorce moving, but due to finding out I'm also pregnant has made that difficult. I would like to get the ball rolling and get the divorced finalized.
answered on May 6, 2021
The two of you can divide property pretty much any way you wish (within reason). There is no requirement that one party “buy out” the other’s share of a home, or that property division be equal.
Generally, one party might take other property (stocks, retirement, etc) in lieu of... Read more »
Q: How to use marital lien to pay off child support arrears of close to same amount? Lawyer necessary?
Divorced (as Respondent) in April, 2000 after 1 year of marriage, 1 child, and 3 years of legal dissension re child support, visitation, and property division. The divorce decree states, “Respondent shall be awarded a marital lien on the parties homestead in the amount of $11,008.00 at an... Read more »
answered on Jan 18, 2021
It would be wise to at least set up a consultation with a family law attorney.
Q: I was just exposed to an STD, due to my soon to be husband’s, affair. What other recourse in my divorce can I sue for?
My husband cheated on me in May 2020, mailed me divorce papers in June, and told me he tested positive for Herpes in January. I am now also positive. This is extremely stressful for me, do I have any recourse for this besides our divorce?
answered on Dec 8, 2020
It is a criminal offense under Minn. Stat. 609.2241 to knowingly spread disease through sexual penetration.
Q: Is there anyway to have the judge go back on her ruling for my divorce and be clearer on how she wanted something done?
The judge is making my ex husband fix a leak on the tire of the car I was awarded and to replace the original rims. The issue is that because she didn't say how she wanted it done my ex feels like putting fix a flat in it is good enough. The rim issue is that we have the rims but no tires on... Read more »
answered on Dec 8, 2020
You can certainly request a clarification from the judge. You would need to file a written request and serve the other party with a copy of it.
Q: Hello, My wife served me the divorce paper couple of days ago.
She wants me to pay for the remaining of her car notes $5000 and her attorney fees. married in 2015 and she never lived with me, she always at her parents's house and maybe slept over a couple of days. She never paid any bills in the house as i took care of everything. She leased the Car... Read more »
answered on Nov 25, 2020
You should retain an experienced family law attorney to help you navigate these issues.
Q: My Husband Left Me In 2010 Because He Met Someone New On The Internet And We Have Not Had Any Contact Since He Left!
I Want To File For Divorce But My Problem Is I Have No Ideal Where My Husband Is Or If He's Even Alive And His Family Will Not Give Me Any Information On His Whereabouts! I Just Need To Know What To Do Next In Order To Divorce My Husband And Keep Myself Moving Forward With My Life Because... Read more »
answered on Oct 14, 2020
Although your husband sounds like a jerk, not knowing where he is will not be a problem. You will do something called "service by publication" under Rule 4 of the Rules of Civil Procedure in which you actually publish the notice of the case rather than serve him personally. Hope that helps!
Q: My Child is 18, did not graduate. Is working full time. And won't be going back to school until the next semester.
18 yo is paying for rent and food to ex. Do I still have to pay child support at this point?
answered on Oct 10, 2019
Per Minnesota law, a "child" for the purposes of child support is "an individual under 18 years of age, an individual under age 20 who is still attending secondary school." If the child is 18 or more and presently not in school, you have an argument that child support should... Read more »
Q: My wife's narcissistic "Christian" mother and father have brainwashed her into getting HRO, Ex Parte Custody and Jail 4
I am a 31-year-old Christian, father, husband, and founder of Krew Cleaning services. I had17 "violations of harassment order" that coincidently got filed against the morning I was supposed to see my daughters the first time in 2 months (due to an ex parte custody that got approved based... Read more »
Jonathan Matthew Holson
answered on Sep 13, 2019
You are entitled to a hearing on the HRO/OFP. There are instructions in the paperwork that you were served about how to request a hearing. It will be her burden at the hearing to establish that you have been harassing her or that an act of domestic abuse occurred. The violations are criminal... Read more »
Q: What is the fastest and nicest way of divorce and child custody?
My husband goes back and forth telling me that he wants the nicest divorce and child custody but the next time it is brought up that he will drag out the divorce the longest and expensive way as possible. Is there a way to get it done fast and nicely as possible, when he is against getting advice... Read more »
answered on Jul 29, 2019
"Fastest and nicest" is a pretty subjective goal. More importantly, fastest and nicest may not be "best"; rather it may simply be agreeing with everything that the other person wants. As a SAHM, you would potentially receive some level of spousal maintenance. In addition, you... Read more »
Q: Is the down-payment my wife made during our marriage considered marital or non-marital upon divorce?
My wife and I bought an investment property together about 8 months into our marriage. We mutually agreed to buy it, both of our names are tied to the mortgage and ownership. At the time of purchase, my wife paid the entire 20% down-payment of $70k from her personal checking account (as we agreed I... Read more »
answered on Jul 25, 2019
There is no clear-cut answer to this, as there are a lot of variables in play. This is really going to come down to her ability to trace the funds. Some questions that need to be answered: What was the source of funds in the account? What was the balance of the account at the time of marriage?... Read more »
Q: Will the judge see through his lies?
My husband moved from our house straight in with his mistress. It’s been three years and I finally saved up enough money to file for divorce. I was a stay at home mom and he is a contractor. He went from making $50,000 a year to now making $17,000 a year (after deductions ) His mistress has been... Read more »
answered on Jul 12, 2019
There are no guarantees, but generally judges recognize that self-employed people are able to hide income. A lot of claimed expenses may be added back. The court will look at his prior income as well as what he is now making. If his mistress contributes to the household expenses, that lowers... Read more »
Q: In pre-trial, wife's divorce lawyer asked judge for me to pay for her legal fees.
Representing myself. Her lawyer wants me to pay for his fees, can he do that? Finally, can this be discharged in Chapter 7 Bankruptcy? Is it better during divorce or after divorce?
answered on Sep 8, 2018
It’s better to discharge all debt before or during bankruptcy bc afterwRds, any debt to spouse is in the nature is a domestic support obligation and cannot likely be discharged.
Q: Want to file for divorce. Also have a collection court date. Can I file for divorce & bankruptcy at same time? What 1st?
Husband charged up card in my name. No big deal til he quit paying. I cannot afford the huge payment. I want to file for divorce due to emotional,financial and verbal abuse. 3 kids stuck in the middle of this big mess. Summons showed up from the people who bought the debt. Tried to settle but they... Read more »
answered on Aug 10, 2018
Bankruptcy first, then divorce. Bankruptcy will be over in 90 days.
Q: Inheritance, Gifting
If a parent sells 2 owned real estate properties to her children equally many years before she died, is it still considered inherited property? If the property is sold, are the proceeds still considered inheritance?
If financial disbursements are made from an estate while the individual is... Read more »
answered on Aug 7, 2018
If the property was sold during the parent's lifetime, then it is not inherited property. If the property is subsequently sold, the proceeds are not considered an inheritance.
Please be aware that there are tax implications related to such a transfer, and you should consult with an... Read more »
Q: Can I have a love interest?
I am a woman trying to divorce my husband in MN. I have been done a very long time and an old friend of mine and I rekindled our feelings for eachother after the seperation. My friend and I have known eachother 14 years. Anyways, we don't want to come out as a couple because it could hurt my... Read more »
D. Patrick McCullough
answered on Jul 2, 2018
Fault is no longer a consideration in dividing property or re: child support or alimony. Dating someone could potentially harm you IF there is a custody issue or if you or your friend are receiving or spending money on one or another. You should contact a family law attorney and fully explain your... Read more »