Get free answers to your Divorce legal questions from lawyers in your area.
I want to divorce my partner, but I don't have any money saved up. We have two children; one is an adult, and I'm seeking custody of the younger child. We have property and other assets, which are in my partner's name only. I'm currently living in our marital home and would like... View More 
answered on Apr 12, 2025
Another possibility is limited-scope representation when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others. This is different from more traditional arrangements between lawyers and clients where a lawyer is hired to provide legal services on all... View More
I want to divorce my partner, but I don't have any money saved up. We have two children; one is an adult, and I'm seeking custody of the younger child. We have property and other assets, which are in my partner's name only. I'm currently living in our marital home and would like... View More
answered on Apr 12, 2025
Here is an excellent place to become familiar with the process and some resources. https://www.mncourts.gov/Help-Topics/Divorce.aspx. Some attorneys are willing to work with you as far as payment plans. There is a possibility your partner may be responsible for some or all of your attorney's... View More
I live in Minnesota, and my wife wants a divorce but wishes to continue living in our house, also wanting to split all the bills as we do now. I currently pay for all the bills, while she saves her income in her bank account. Once our kids move out, do we continue splitting everything?... View More
answered on Apr 3, 2025
Each of you have an obligation to maintain the marital property. The obligations of each spouse after the divorce is final will be set forth in the judge or agreement if properly draft. Child support obligations are distinct from the marital property issues. You are commingling different issues... View More
My ex husband has an HRO against me. He has been withholding my children and wrongfully denying me my parenting time for two and half months which is in violation of our court order. I submitted a motion for parenting time assistance to family court to ask them to enforce our current court order. I... View More
answered on Dec 31, 2024
Best practice for a person with a Harassment Restraining Order prohibiting contact with anothe rperson would be to avoid contact, whether direct or indirect. In practice, such a person may end up in the same courtroom during or waiting for a court hearing, for example. And that would not be... View More
When I signed my divorce papers I was a vulnerable adult. Is that legal and do I have a certain amount of time to nullify it?
answered on Dec 17, 2024
An attempt to re-open a dissolution of marriage case most likely has to be done within one year. You don't state what your objective is. Do you want to remain married or want an opportunity to begin the process anew? It will certainly be challenging, time consuming and expensive.
Rob... View More
1) My wife was physically & emotionally abusive with me for several years—especially from Spring ‘20 until she walked out in Nov. ‘22. Her abuse caused damage to a hip I had replaced in ‘19 & has left me dealing with the joys of complex PTSD. I was a scared, emotional wreck &... View More
answered on Aug 9, 2024
Unfortunately, it seems you are in a very difficult position. I apologize, but I am not sure what guidance can be given on a free online Q and A. Trying to set aside the default judgment may be an option if it wasn’t that long ago. If she left you in '22, an OFP seems untimely, unless the... View More
The division of asset as listed nor properly divided. I was never given a copy of the divorce decree and zero asset where listed and no pension was granted on my behalf as it waws martial property.
answered on Jul 18, 2024
A default judgment can be set aside by the judge. Simply claiming the property wasn't properly divided may not be enough. The judge will need to know why you didn't do anything before now. If it is set aside, it begins anew.
Hard getting into a place when i show obligation to mortgage in a house i dont live.
I've lived with my kids, my sister etc. Is he in contempt of court ? can i sue him ? What can I do
answered on Jul 6, 2024
I have no doubt it is stressful. That is why I and other attorneys try to ensure everything is final (or easily finalized) when the judgment is signed. Did you have an attorney 15 years ago?
Obviously, you can try to convince him to take you off the mortgage yourself. You could hire an... View More
I am self-representing because I can't get a lawyer and it is not a criminal matter so not entitled to one. Can I submit a motion requesting the court to appoint me a lawyer since he is pushing this to trial? What steps do I need to take to create/submit a motion? Dakota County MN for court... View More
answered on Jul 4, 2024
In most civil cases, you do not have the right to a court-appointed attorney. This includes dissolution (divorce), custody/parenting time, and child support cases. In these cases you have the option to hire a private attorney. Some organizations use a sliding scale to charge for legal services... View More
answered on Jun 3, 2024
Perhaps or perhaps not. It depends on numerous and various factors. The business could very well be martial property or it could be separate property depending on the situation. I apologize, but the fact your husband owned a business during your marriage is only the first thing to consider.... View More
I am a mother of 3 unemployed married 12 yrs, full time student, going through hardship (marriage) husband mistreating me and his family steeling my person documents for their own personal used. Told they brought me to the states. no family support cant do nothing family overseas. Been diagnosed... View More
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answered on Mar 1, 2024
In Minnesota, individuals facing financial difficulties, such as being unemployed and experiencing hardships like mistreatment within a marriage, can seek assistance for obtaining a divorce. Various resources are available, including legal aid organizations that offer free or low-cost legal... View More
My husband, who has had dementia for the past six years, is currently in St. Mary's hospital, and they wish to move him into a memory care facility. We are both in our 70s with a fully paid house, and I have $200,000 in a 401K from my Mayo Clinic pension, along with each of us receiving social... View More
answered on Apr 15, 2025
An additional consideration would be are these assets your separate property or marital property. Are you getting divorced because there has been an irretrievable breakdown of the marriage or is this a financial decision.
Can I open separate bank accounts and divide funds before the divorce is final in Minnesota, given that there are no existing legal agreements or court orders regarding financial assets, both parties are aware of the plan, and there are no joint debts or shared financial responsibilities to... View More
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answered on Apr 13, 2025
Yes, you can open separate bank accounts and divide funds before your divorce is finalized in Minnesota, especially in your situation where both parties are aware and there are no court orders in place. Minnesota follows equitable distribution laws, meaning marital property will be divided in a way... View More
I paid for my wife to attend college using our joint account while I was working, and she completed her education during our marriage. We are now divorcing after two years. Considering she didn't have a job at the time, am I eligible for any type of reimbursement or compensation for the... View More
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answered on Apr 13, 2025
In Minnesota, assets acquired before marriage are generally considered separate property and are not subject to division during divorce. However, if marital funds were used to pay for your wife's education, this could influence the division of assets. Courts may consider reimbursement for... View More
My wife and I are getting a divorce in Minnesota, and we have a joint account where primarily my checks are deposited, while her checks are directed to her separate account. Given this situation, am I entitled to claim half of what is in the joint account?
answered on Apr 3, 2025
You are likely entitled to half of the joint account in a Minnesota divorce.
I am a stay-at-home mom currently staying at my parents' house with my 10-month-old twin girls. I am considering divorcing my husband due to serious trust issues. He has secretly recorded me during arguments and installed a hidden camera in our bathroom vent without informing me. He won't... View More
answered on Feb 28, 2025
Quite simply, hire an attorney immediately. If he can afford and attorney, he should help you if you need help. Ask his attorney for the documents. My best to you and your daughters. Rob Kane Minnesota Family Law Attorney Eagan Lawyer.
I am seeking assistance with filing for a divorce with children in Minnesota. My spouse and I agree on the divorce, and I do not seek any support from him. We have been married for four years. There are no custody agreements in place; we have an informal arrangement where he sees the kids whenever... View More
answered on Feb 22, 2025
Here is a great place to begin learning about the process. My best regards. Eagan Family Law Attorney Rob Kane Lawyer Minnesota.
https://www.mncourts.gov/Help-Topics/Divorce.aspx
Will the State of Minnesota recognize my separation. We are not divorced and do not plan on obtaining a divorce.
answered on Jan 13, 2025
Like an out of state divorce, a legal separation should be recognized in Minnesota. Rob Kane Eagan Family Law Attorney.
I was left penniless and homeless in July 2023. I thought the judge would be fair so represented myself but my ex spent 40k on an attorney and the results are not great. He's now withholding my children and my belongings from me. I haven't spoken to my children in 4 months, and I was... View More
answered on Dec 9, 2024
For him to spend $40,000 on attorneys and you nothing seems unusual. I am sorry, but you cannot expect an attorney to donate > $40,000 in legal services to clean up this situation for you. I am not even sure how much can be done. I suggest you hire a lawyer to evaluate your situation to see... View More
it is 2024 and he still hasn't stated the qudro - what can I do - we had no lawyers - he lives in MN I live in TX
answered on Nov 23, 2024
You will need to enforce the judgment like any other judgment. Was the QDRO signed by the judge or was it just mentioned in the settlement agreement? Without reading the judgment, I don't know you best course of action. My best regards.
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