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Minnesota Divorce Questions & Answers
1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Minnesota on
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 on her... Read more »

Jonathan Matthew Holson
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 »

1 Answer | Asked in Child Custody, Divorce and Family Law for Minnesota on
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 »

Corwin Kruse
Corwin Kruse 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 could ask that your... Read more »

1 Answer | Asked in Divorce and Family Law for Minnesota on
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 »

Corwin Kruse
Corwin Kruse 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 »

1 Answer | Asked in Divorce, Family Law and Child Support for Minnesota on
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 »

Corwin Kruse
Corwin Kruse 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 »

1 Answer | Asked in Bankruptcy and Divorce for Minnesota on
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?

Timothy Denison
Timothy Denison 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.

1 Answer | Asked in Bankruptcy, Divorce and Family Law for Minnesota on
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 »

Timothy Denison
Timothy Denison answered on Aug 10, 2018

Bankruptcy first, then divorce. Bankruptcy will be over in 90 days.

1 Answer | Asked in Divorce for Minnesota on
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 »

Stefan Dunkelgrun
Stefan Dunkelgrun 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 »

1 Answer | Asked in Divorce for Minnesota on
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 case.... Read more »

D. Patrick McCullough
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 »

1 Answer | Asked in Divorce for Minnesota on
Q: How is a business divided between spouses who are co-owners and get divorced?
D. Patrick McCullough
D. Patrick McCullough answered on Jun 2, 2018

If the parties cannot continue to operate the business together which is likely the case and not a good idea, then the business needs to be valued and the spouse being awarded the business paying the other spouse his/her share or the the other spouse being awarded other assets etc. This is... Read more »

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Can I remove/rescind my divorce petition at any time? Can the judge deny me that? Can I do it at the start of trial?

I filed for divorce and want to remove my divorce petition. Trial starts next week. I believe that the attorney for the other party put in place that if I removed my petition that she would automatically become the petitioner and we would proceed from there. Though I do not believe that my wife... Read more »

D. Patrick McCullough
D. Patrick McCullough answered on May 10, 2018

The Judge cannot deny you the right to withdraw your Petition; however, I am guessing your spouse served and filed a Counter-Petition and if so she can proceed on her Counter-Petition over your objection.

1 Answer | Asked in Family Law, Immigration Law and Divorce for Minnesota on
Q: Hi!My friend has been married to a US citizen for 7 years, has 2 kids and just recently came to the US on a visit visa

Never applied for immigration/spouse visa etc. Her husband just asked for divorce, and is threatening her to take her kids, kick her out, etc. She doesn't know what to do, or how to get help. any advice?

Carl Shusterman
Carl Shusterman answered on May 8, 2018

She should schedule an appointment with an experienced immigration attorney.

1 Answer | Asked in Divorce for Minnesota on
Q: Is a spouse automatically entitled to spousal maintenance?

Wealthy,plus marriage of 35 years.

Lisa Watson Cyr
Lisa Watson Cyr answered on Apr 9, 2018

A spouse is not automatically entitled to spousal maintenance. The court must consider the factors set forth in Minn. Stat. Sec. 518.552 in making a determination whether to award spousal maintenance.

1 Answer | Asked in Divorce for Minnesota on
Q: What happens if I can't refinance my mortgage in a divorce decree?

My debt to income is too high. I am scheduled to refinance per divorce decree this year but I need more time. What can she do against me if I am unable to refinace in the time specified by the decree?

Lisa Watson Cyr
Lisa Watson Cyr answered on Apr 9, 2018

It depends on what your divorce decree indicates as the result of you not refinancing on schedule.

1 Answer | Asked in Divorce for Minnesota on
Q: Been married for 3 years, no kids, can my husband take away half of his savings he gave me after divorce?

About a year ago, he transferred 50,000 dollars (half of his savings) to my private bank account. He did so to prove to me that he was serious about the marriage. Can he take it away from me after we file for divorce?

D. Patrick McCullough
D. Patrick McCullough answered on Apr 4, 2018

In Minnesota gifts between spouses are not considered protected non-marital assets, so, yes he can, but there may be other facts that could affect this question and answer.

1 Answer | Asked in Divorce for Minnesota on
Q: My husband told me he wanted a divorce a week ago. He has not filled as far as I know. He also won't leave the house.

He wont leave the house. He is the one that once the divorce, but he wont leave. I take care of my elderly father and I have a child not from him. I have 3 people to think about when he has one. I want to move out because i dont want to deal with the emotional abuse, but is that the smartest move... Read more »

D. Patrick McCullough
D. Patrick McCullough answered on Mar 14, 2018

If, in the end you wish to be awarded the house and live there, it would be a mistake to move out(of course if there is danger of Domestic Abuse-that could change things). I would need to know much more about your situation before I could give you the appropriate advice. You should consult with... Read more »

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: In Minnesota, at what age can my children decide which parent they want to live with?

We are divorced, my kids dread going to stay with their dad and want to stay with me. They are ages 11 and 9.

Lisa Watson Cyr
Lisa Watson Cyr answered on Mar 12, 2018

There is no stated age upon which a child is able to decide who they want to live with; however, the reasonable preference of a child is one of the factors the Court will consider in determining what is in the child's best interest. As the child gets older and more mature, the child's preference... Read more »

1 Answer | Asked in Divorce for Minnesota on
Q: I am going to get divorced, but need a new car. If I buy a car and it's only in my name can she take it after the div.
Lisa Watson Cyr
Lisa Watson Cyr answered on Mar 5, 2018

If you purchase a car before the divorce with monies considered marital such as your earnings, then the net value of the vehicle could be part of the division of property.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Applicable state domestic relations law citation in Minnesota

In the division of asset (401K) during a divorce in Minnesota what is the applicable state domestic relations law citations?

Lisa Watson Cyr
Lisa Watson Cyr answered on Mar 2, 2018

For division of property in a Minnesota divorce, the applicable statute is Minnesota Statute Section 518.58.

1 Answer | Asked in Family Law and Divorce for Minnesota on
Q: My spousal support ends when my ex turns 62 in April. Does he have to keep paying until I get my social security
D. Patrick McCullough
D. Patrick McCullough answered on Feb 23, 2018

That depends upon many factors, most important, in Minnesota if you do not bring a Motion to extend or at least reserve the issue of SM before the date for termination of SM in your JD, you may forever be barred from continuing the SM. You need to contact a family law atty ASAP

1 Answer | Asked in Family Law and Divorce for Minnesota on
Q: A marriage of 30+ years, Children are selfsufficient ages 25 & 28. Do we file MN dissolution with or without children?

We are separated, have all assets dissolved, no request for pension or alimony. Just want to finalize with a dissolution.

Lisa Watson Cyr
Lisa Watson Cyr answered on Feb 23, 2018

Because your children are no longer minors, your dissolution filing status would be "without" children.

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