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Minnesota Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Minnesota on
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.

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

William Bailey
William Bailey answered on Jan 18, 2021

It would be wise to at least set up a consultation with a family law attorney.

1 Answer | Asked in Divorce for Minnesota on
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?

William Bailey
William Bailey answered on Dec 8, 2020

It is a criminal offense under Minn. Stat. 609.2241 to knowingly spread disease through sexual penetration.

1 Answer | Asked in Divorce for Minnesota on
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 »

William Bailey
William Bailey 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.

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

William Bailey
William Bailey answered on Nov 25, 2020

You should retain an experienced family law attorney to help you navigate these issues.

1 Answer | Asked in Divorce for Minnesota on
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 »

Lucas Wynne
Lucas Wynne 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!

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

Corwin Kruse
Corwin Kruse 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 »

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... 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... 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...
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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... 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.

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