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Minnesota Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: I am still on the mortgage that my X lives in after 15 years being divorced. This has caused me alot of emotional stres

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

Robert Kane
Robert Kane
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...
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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Domestic Violence for Minnesota on
Q: I need a lawyer for custody/divorce. Legal aid has refused to help. Can't afford private. Can the court appoint?

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

Robert Kane
Robert Kane
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

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: If my husband owned a business during our marriage do I have any claims to it
Robert Kane
Robert Kane
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

2 Answers | Asked in Divorce and Family Law for Minnesota on
Q: Can I get help to divorce with no money in Minnesota?

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

T. Augustus Claus
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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

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1 Answer | Asked in Divorce, Banking and Family Law for Minnesota on
Q: my parents got divorced in 2006 when they signed the papers it stated that both of them will have a college fund set up

When i got accepted to college and i asked my dad for my college fund he told me no. What can i do? (The divorce papers have account numbers of the fund)

David H. Relkin
David H. Relkin
answered on Nov 2, 2023

He said "no" or he said he didn't set up the account? College funds are generally trust funds controlled by the Trustee who generally provides in the Trust fund document that he has discretion. That would prove a difficulty especially since you don't want to antagonize him.... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: I’m trying to start the process for divorce and I’m looking for prices on starting that

Will need to do custody aragements as well as the divorce it’s self

Robert Kane
Robert Kane
answered on Sep 10, 2023

Limited-scope representation is 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 aspects of a case,... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: I’m trying to start the process for divorce and I’m looking for prices on starting that

Will need to do custody aragements as well as the divorce it’s self

Robert Kane
Robert Kane
answered on Sep 10, 2023

If you are asking about attorney fees, it will vary. Generally, a relatively sizeable retainer is required. After a few calls, you will have an idea of the costs. Some attorneys are reasonable and some are not. Some attorneys are flexible and some are not. I am prevented from quoting figures.

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1 Answer | Asked in Divorce for Minnesota on
Q: I was wondering about Divorce! What my rights are ! Wondering about a car I drive if not in my name

How to proceed if my husband don’t agree

Robert Kane
Robert Kane
answered on Aug 21, 2023

It's not uncommon for spouses to keep the vehicle they use on a daily basis, but it's not set in stone.

The Minnesota Judicial Branch has a website that provides a substantial amount of information. This is an excellent place to start.

It may be worth having an attorney...
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1 Answer | Asked in Child Support, Divorce and Family Law for Minnesota on
Q: I need to know, what my options are to start a divorce and what needs to be done. I have 5 children that live with me.

She left about 8 months ago, no contact with us for 6 to 7 months

Robert Kane
Robert Kane
answered on Jun 20, 2023

The Minnesota Judicial website is an excellent place to start. It seems you may have some matters to address that require a some help. An attorney would certainly benefit you and the children.

Limited-scope representation is when you and a lawyer agree that the lawyer will handle some...
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1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: I can't pay my legal fees so my current lawyer is dropping my case. My husband won't negotiate. What do I do?

My husband filed a divorce petition that I contested. During mediation he wouldn't negotiate at all so the case has gone to court. He changed the password on the bank accounts so I don't have access. He pays some bills and gives me $800 per month randomly. That's not even close to... View More

Robert Kane
Robert Kane
answered on Jun 17, 2023

It seems odd your attorney wouldn't address your short term need at the onset. You should be seeking temporary support and requesting he pay your attorney fees. The Minnesota Judicial Branch website Help Topics is an excellent resource. Some attorneys, like myself, will try hard to make legal... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Minnesota on
Q: In MN is it a violation of a OFP to have my wife served divorce papers?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 8, 2023

No, the legal process of serving your wife with divorce papers would not be a violation of an OFP. But you should have representation assisting you with this process. Having a "friend" serve her with divorce papers is far more likely to cause problems for you than if you have an... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Minnesota on
Q: We are planning on doing 50/50 custody. Will I have to pay child support since I make more then my spouse?

I make $110,000. My spouse makes $80,000. We have 2 kids.

Robert Kane
Robert Kane
answered on May 20, 2023

It's probable, that you will have to pay child support since you make more then the other parent. "The Minnesota Child Support Division bases the Child Support Guidelines Calculator on the Minnesota Child support guidelines statute." You should input your data to determine your... View More

1 Answer | Asked in Divorce for Minnesota on
Q: How to do a Summary dissolution divorce in Minnesota?

I believe we check all the requirements to get a Summary Dissolution Divorce in Minnesota, the only concern is the amount of money in our joint account and the leased car we have. I would like some legal advice on it, thank you!

Robert Kane
Robert Kane
answered on Jun 13, 2024

Quite simply, you and your spouse will need to decide what is fair distribution.

1 Answer | Asked in Divorce for Minnesota on
Q: My wife and I have been divorced 20 years. Looking at old paperwork I realized she forged my signature on a loan. We had

to file bankruptcy before divorce was finalized. Can I go back to sue her? Jon

Robert Kane
Robert Kane
answered on Feb 16, 2024

Perhaps, but why didn't you notice this in the last twenty years? If you have always known of the loan, it probably much too late.

1 Answer | Asked in Divorce for Minnesota on
Q: My husband is fighting me for the house we share because I want a divorce is that fair

He was being abusive and threatening me for awhile until I got a restraining order against him

Robert Kane
Robert Kane
answered on Jan 8, 2024

Your husband may be entitled to an equitable share of the house.

1 Answer | Asked in Divorce for Minnesota on
Q: How are Motion for Temporary Relief hearings conducted?

I am filing a motion for temporary relief. The divorce papers are filed in Minnesota but I live in another state so it would be a hardship for me to attend the hearing.

Robert Kane
Robert Kane
answered on Oct 13, 2023

If it isn't a remote hearing, you can request one.

1 Answer | Asked in Divorce for Minnesota on
Q: Divorce case with house that was an inheritance.

My brother And his dad got his grandmother's house after she had passed. (Stated in her will) he then in turn had to buy out his father's half from him. yes it went though the court system for this. There is a loan on the home now under he and his soon to be x wife due to this. She moved... View More

Robert Kane
Robert Kane
answered on Oct 5, 2023

The house appears to be martial property, the inheritance is no longer relevant. Other factors may provide for another classification.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Can I ask that she take a lie detector test? Or anything . She uses this for leverage

If I'm being held in contempt for not providing all the ATM withdrawal dispositions. Why can't I ask the same?

Robert Kane
Robert Kane
answered on Oct 4, 2023

A lie detector test isn't worth a thing. You can request information as well. I am sorry, but it doesn't seem you have a good grasp of what is happening. The court has information on its website and the law library is a great resource. Obviously, an attorney would be advantageous.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: My spouse is trying to get a protection order on me,went to court I requested a lawyer on my behalf and they denied me.

My wife was present and her lawyer and I was in jail for threatening her and next morning I was in court they got granted the order but I feel I was denied my rights and nobody cares.

Robert Kane
Robert Kane
answered on Sep 26, 2023

The United States and Minnesota Constitutions both establish the right to an attorney for anyone facing a charge punishable by “loss of liberty.” This would not apply to protective orders.

1 Answer | Asked in Divorce for Minnesota on
Q: My husband didn't contribute financially during our 2 month marriage.

Can I ask that he pay a portion of the bills that I paid during that time, in the divorce? My monthly income is $4,000 and his monthly income is $4,000 - $6,000. Also, I got him the job that he has now. He told me that I am not entitled to any of his income.

Robert Kane
Robert Kane
answered on Aug 11, 2023

Unless there is a prenuptial agreement that states otherwise, your incomes would be marital property. You can ask that he pay a portion of the bills that you paid during that time, I don't know what the judge will do.

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