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Minnesota Divorce Questions & Answers
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.

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 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.

2 Answers | Asked in Divorce, Child Custody and Family Law for Minnesota on
Q: I am looking for someone to help with my significant other and his ex she does not follow the decree and breaks the rule

She has taking the kids to numerus medical tests that are un needed wont communicate and with holds medical information from him all the time. schedules appointments with out talking or notifying him for medical reasons and extracurricular. we need she wont work with us and we cannot get the court... View More

Robert Kane
Robert Kane
answered on Jul 21, 2023

He has several options when the other parent isn’t following a court order. He should contact family directly to find one willing to work with him. Some attorneys are affordable. Some attorneys are not.

Limited-scope representation is when you and a lawyer agree that the lawyer will...
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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: I asked for a divorce. I've been sleeping at my parent's house. Does he get 1st dips on buying me out of the house?

I pay the mortgage and all the utilities. I go to the house every AM to take the kids to school and every PM to spend time with them and do household chores.

Robert Kane
Robert Kane
answered on May 17, 2023

I am sorry, but I am not sure what you mean by "does he get 1st dips on buying me out of the house." Who gets the house will need to be discussed and hopefully agreed to. Various factors should be considered. Where you are currently sleeping is not is not a biggie.

1 Answer | Asked in Divorce for Minnesota on
Q: I am getting a divorce. How do you handle vehicle equity when there are loans attached to the vehicle.
Robert Kane
Robert Kane
answered on May 16, 2023

Each case is different, but usually each spouse retains his or his vehicle and takes over the payments. Quite simply, it's something that needs to be considered and hopefully agreed to. Nothing is set in stone.

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Minnesota on
Q: I am a victim of an emotionally abusive and cruel wife, and i live in minnesota. She is currently out of the house

She has gaslighted me, attempted AND succeeded to ruin my reputation, my career, and has used knowledge of very personal matters (like past sexual and physical abuse) against me and even took my kids and dogs to my abusers house 4 weeks ago (my parents) and told them all of my secrets. I asked her... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 16, 2022

There isn’t reality a cogent question here. But it seems to me that the place to start is by reaching out to some family law attorneys about pursuing a divorce here.

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... View 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... View 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... View 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... View 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... View More

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