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Minnesota Divorce Questions & Answers
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.

1 Answer | Asked in Divorce for Minnesota on
Q: My ex is remarried and has a great job and makes more than me. Can I take her to court to get my pension back?
Lisa Watson Cyr
Lisa Watson Cyr answered on Feb 1, 2018

A property settlement in a divorce is final upon entry of the decree, subject to the right of appeal. A decree may be reopened under certain circumstances specified by statute within one year following the entry of the decree; however, barring any other relevant facts, the reasons you have... Read more »

1 Answer | Asked in Divorce for Minnesota on
Q: I am divorced. There was a parcel of land miss in the divorce. Do I still maintain ownership of said land? I live in MN.
Lisa Watson Cyr
Lisa Watson Cyr answered on Feb 1, 2018

If your divorce decree is silent regarding real or personal property owned by you or your ex spouse as of the valuation date, the property is considered omitted property and the Court may still have jurisdiction to award the property to you or your ex spouse.

1 Answer | Asked in Divorce for Minnesota on
Q: I have been a resident of MN for almost 6 months and am planning on filing for divorce. My husband lives in FL.

My intent is to be able to file for divorce and not have to travel back to FL for any reason.

D. Patrick McCullough
D. Patrick McCullough answered on Feb 1, 2018

After you have been a resident of Minnesota for 6 months, you will qualify to commence the Divorce Proceeding in Minnesota. Generally speaking, the case would then be venued in Minnesota and heard here but if there are minor children involved that are still connected with the state of Fla, or if... Read more »

1 Answer | Asked in Divorce for Minnesota on
Q: In divorce - If I take money from joint and move to individual acct. - does he still get half?

Want to take out half of my money and put into my own account. Will he get half of what I put in my individual account?

What do I do with the joint account? Can I take my name off of the main account?

I live in minesota.

Lucas Wynne
Lucas Wynne answered on Nov 2, 2017

It would be improper for an attorney to render such specific advice while not knowing more particulars about your situation.

1 Answer | Asked in Divorce and Real Estate Law for Minnesota on
Q: My house is in my mother in laws name. ive lived in it 11yrs. Do I have any stake in it?

The verbal agreement is it will be put in mine and my husbands name after some other debt was paid. Which it has. I'm now getting a divorce. Am I entitled to any equity?

Lucas Wynne
Lucas Wynne answered on Nov 2, 2017

You should have a lawyer help you with the divorce. At first blush, I would say that it is unlikely you will have a stake in the house. If your mother-in-law transferred the husband to your soon to be ex and you paid for part of that bargain, you may be able to make the argument but I would not... Read more »

1 Answer | Asked in Divorce for Minnesota on
Q: Quick and easy uncontested divorce in MN - can the paperwork be done online?

My husband and I want to file a joint petition for divorce in MN, uncontested. Both of us just want to go our separate ways with our own debt and property. We don't want anything from each other. He received a house before our marriage (from his mother), so he will keep the house, and I... Read more »

Lucas Wynne
Lucas Wynne answered on Sep 28, 2017

I highly suggest avoiding online filing companies. Many attorneys charge a low fee for uncontested divorce cases. Many of us represent clients throughout the region in uncontested matters. One of you retains the attorney to help with the filing. Although the attorney only represents that client,... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: Is my husband likely to get 50% custody of my children?

We have been separated for over 2 years (not legally), I have been the main caregiver. While he has provided financially for our needs, he isn't reliable. He doesn't have a vehicle big enough to haul our children and he lives in a basement bedroom of an elderly couples home.

Lucas Wynne
Lucas Wynne answered on Sep 22, 2017

Each case is unique. No attorney can predict the outcome of your case. Guaranteeing an outcome is an ethics violation for an attorney that can result in reprimand or suspension.

1 Answer | Asked in Divorce for Minnesota on
Q: What options do I have to get my ex out of the house?

It is stated in the divorce papers he would move out when it was final. It was final in June and he is not moving.

Lucas Wynne
Lucas Wynne answered on Sep 22, 2017

You should retain an attorney to bring a motion on your behalf to force his hand.

1 Answer | Asked in Divorce for Minnesota on
Q: How is property value determined in a divorce
Lucas Wynne
Lucas Wynne answered on Sep 22, 2017

The value of property may be determined by agreement, evaluations, or any other number of methods. Hiring an attorney is a good place to start.

1 Answer | Asked in Divorce for Minnesota on
Q: Can I sell my home during divorce eventhough wife does not?

I own the Mortage, we both own the deed. I want to get rid of house completely. Wife wants it but cannot afford it. Can Judge force to sell?

Lucas Wynne
Lucas Wynne answered on Sep 22, 2017

A party should not dispose of the home or other assets during a divorce. A judge can order virtually anything provided for under the law. If a home is involved, you should retain an attorney.

1 Answer | Asked in Divorce for Minnesota on
Q: I want to sell the house, my spouse wants to keep it. She cannot afford it. Will the judge make me pay for it?

I want to sell the house to have a clean break from my wife. We have a 15 and 18 year old children.

She is initiating the divorce. She will not be able to afford the house payments, maintenance. My name is on the loan

Both our names are on the deed. She says that if we litigate... Read more »

Lucas Wynne
Lucas Wynne answered on Sep 22, 2017

No attorney can predict an outcome in your case. Selling the house is a common solution.

1 Answer | Asked in Divorce for Minnesota on
Q: How do judges determine child custody rulings in Minnesota? What can I do to win sole custody of my kids?
Lucas Wynne
Lucas Wynne answered on Aug 11, 2017

Judges use a set list of best interest factors when making any decision regarding child custody. You should not expect a ruling which awards sole custody as they are rare. With that being said, I usually suggest the collaborative law process before bringing a motion for custody as it allows you to... Read more »

1 Answer | Asked in Divorce for Minnesota on
Q: Can you begin refinancing a home while a divorce is pending?

My husband and I filed a joint petition for divorce in Minnesota. We divided our properties - I keep the family home and he keeps the rental properties. We would both like to refinance the properties, to remove the others name and improve loan terms. Can we being a refi while the divorce is... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 19, 2017

Knowing little about your situation, my general suggestion would be to wait until the divorce is finalized and the properties are awarded to the respective parties.

1 Answer | Asked in Divorce for Minnesota on
Q: my husband took all my jewelry he bought me and is selling it ,we are in the process of a divorce can he do this
Lucas Wynne
Lucas Wynne answered on Mar 20, 2017

Firstly, he has no right to take that jewelry. Secondly, anything he will likely be held accountable for the dissipation of marital assets (as long as you argue the same). Results cannot be guaranteed, you should contact an attorney to discuss your case.

1 Answer | Asked in Divorce for Minnesota on
Q: I left my ex four years ago & have no contact with him. How can I reclaim a legally single staus to move on?

I don't know where he lives and don't expect any cooperation from him. I don't want to be liable for his debt.

Lucas Wynne
Lucas Wynne answered on Mar 20, 2017

You will need to get divorced. You can still do so if you are unable to locate your spouse.

1 Answer | Asked in Divorce and Real Estate Law for Minnesota on
Q: What are my options for dealing with a home and mortgage in divorce?

My spouse and I are getting divorced this year, self-filing, and we have a home we purchased during our marriage. The home has a mortgage. My ex has no income but his mother has been paying the mortgage while he's been living there. I do not live there anymore, but my name is the only one on... Read more »

Lucas Wynne
Lucas Wynne answered on Mar 7, 2017

You have many options. However, I am unsure who the "they" you are referring to is in this particular scenario.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Minnesota on
Q: How do I qualify for legal help?

I am going through a divorce and custody dispute. My soon to be ex is playing hard ball and I want what is best for the kids,

Lucas Wynne
Lucas Wynne answered on Mar 7, 2017

You pay for an attorney. If you cannot afford an attorney, you seek help from your local legal services organization. However, the local legal services organization is not under any obligation to represent you.

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