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Maple Grove Family Law Blog

Understanding the types of alimony available through divorce

When Minnesota couples marry, they tend not to consider the possibility of the union ending in divorce. Yet, no matter the length of the marriage, if it is clear that a marriage is no longer working, divorce is likely the best option to take if the relationship is unsalvageable. While this means taking the time to consider any and all divorce issues, one thing tends to stand out for most spouses: finances. Ensuring that one's post-divorce finances are in check is essential when moving forward with dissolution, which is why some spouses request alimony during the divorce process.

Seeking monetary support post-divorce does not automatically mean that the spouse requesting alimony was a stay at home parent or the primary caregiver. It could simply be that they did not make as much as their spouse and are seeking to maintain the standard of living they became accustomed to during their marriage. No matter the reason for requesting spousal support, it is important to understand the different forms it could take.

What should you consider when going through a same-sex divorce?

Getting married is an exciting event for couples in Minnesota and elsewhere. Whether it's a straight marriage or same-sex marriage, spouses do not enter into this union with the idea that it will end. Nonetheless, divorces do occur, causing many concerns and challenges for couples. While same-sex couples have been afforded the constitutional right to marriage, this does not mean that their ability to divorce is as easy. In fact, the divorce process has the tendency to be more challenging for same-sex partners when compared to opposite-sex partners.

What should you consider when going through a same-sex divorce? Prior to the 2015 Supreme Court ruling that legalized same-sex marriage across the nation, married same-sex couples that moved to a state that did not recognize same-sex unions were unable to get divorced in that state. Although these couples were able to divorce in the states where the marriage was performed, this generated issues regarding residency, as well as with those who had destination weddings.

The problem with judging mothers with non-custodial status

In the state of Minnesota and other states across the nation, there are some presumptions surrounding the child custody process. While divorce can spark many issues and disputes, many divorcing parents seek joint custody arrangements for the benefit and best interests of their children. In cases where there is primary custody, there is an ongoing presumption that the mother will gain the status of custodial parent. However, this is not always the case.

In fact, women across the United States elect to have non-custodial parent status of their children. However, taking such a step often causes a stigma to be associated with the mother. A non-custodial mother is typically given one of two labels. She is either considered to be unfit or selfish. This also gives these mothers a bad reputation, deeming them bad mothers because they chose not to be their child's primary caregiver.

Avoiding financial mistakes during a high asset divorce

The end of a marriage can be a rough time for any couple. This can be especially true for wealthy couples A high asset divorce often means taking the time to assess all personal and marital assets and property. This can be a complex process, and if a prenuptial or postnuptial agreement is not in place, it could be a lengthy property division procedure as many couples dispute over who gets what.

In many instances, these divorcing couples just want to get through the process as quickly as possible. While this is understandable, rushing property division can lead to mistakes that cost an individual big time in the short and/or long-term. Thus, it is imperative that divorcing individuals understand the common financial mistakes that could occur during a high asset divorce.

Should you seek alimony to get back at your ex?

Divorce can cause many concerns. One major apprehension is how an individual will be able to transition from his or her married life to a single life. This is not only an emotional and social challenge, but it can also be a financial hardship. If one spouse did not work during the marriage because they acted as the primary caregiver for the couple's child, or they earned less than the other spouse, it is likely that they will seek spousal support. Alimony can be a very beneficial resource, helping the recipient meet his or her financial needs post-divorce.

Can spousal support be sought for negative reasons? Divorcing couples who progress through a complex and bitter divorce often face a lot of pain and heartache. This, in turn, often leads to a thirst for revenge. When a spouse seeks to hit their ex where it really hurts, what better way than to hit them where it counts - their wallet?

How is a 401(k) plan divided through divorce?

The divorce process has the tendency to cause disputes to erupt. It is often difficult to sort through all the assets and property that are included in a marriage, but divorcing couples in Minnesota and elsewhere can take the time to ensure that they are leaving the marriage with what is rightfully theirs. This includes retirement assets.

Many divorcing couples are concerned about what will happen to their 401(k) at the time of divorce. This account tends to accumulate many funds, which means there could be a lot at stake.

Helping you navigate child support issues in a divorce

Initiating a divorce can be a difficult step to take. However, when children are involved, parents are often faced with even more challenging issues. The first item up for discussion is often child custody. Yet, even when an agreement is quickly reached with regard to this issue, divorcing parents may still have a number of other complicated matters to address. When a parent requests child support, for example, a heated dispute can ensure.

At Terzich & Ort, LLP, our experienced attorneys have handled a wide variety of child support disputes, and we are motivated and dedicated to serving residents in the Minneapolis area. We pride ourselves on our strong commitment to personal service and attention to detail, and it is our goal to help our clients meet their goals and find the best solution for their matter.

Ways to successfully co-parent after divorce

The most challenging issues faced by divorcing parents in Minnesota are those related to the children. While the end of a marriage is a tough event to go through, it can be an even more challenging time for the children involved. Therefore, it is important to take the time to consider the needs and best interests of the children when developing a child custody arrangement.

Much like each family is very diverse, the way a family goes through the divorce process is very diverse. Thus, in cases where divorcing parents are able to set aside his or her differences and work together to meet the needs of the children, it is most ideal to develop a co-parenting relationship. While this relationship relies on open communication and collaboration, it is an effective way to meet the parenting time needs of both parents.

Requests for genetic testing must be offered with facts

Paternity involves establishing a man as a child's biological father. As discussed in prior posts on this Minnesota family law blog, with the establishment of paternity comes many rights and responsibilities for the father. In some cases a claim for paternity may be made by a man who wishes to have involvement in his child's life. In other scenarios a claim of paternity may be initiated by a mother who wants her child's father to participate in the care and expenses associated with raising the child.

Regardless of who starts the process of establishing paternity, though, a request for genetic testing to prove paternity must be accompanied by supportive facts. Those facts must demonstrate that there was a reasonable possibility that the father could or could not be the child's parent based on the sexual contact of the presumptive father and the child's mother.

Money disagreements can lead to a difficult divorce

Money can create incredible pressure on the partners of a marriage. In fact, disputes over money can become so significant that they can contribute to the demise of the couple's marriage. In Minnesota and jurisdictions all throughout the nation, there are some important steps that couples planning to end their marriages can take to ensure their money disputes do not dominate their divorce.

Primarily, each partner should be aware of what money they have and where it is located. This can include collecting information from savings and checking accounts, retirement plans, investments and others. By knowing what they have before attempting to divide it, a couple may be able to prepare for their divorce-related property division.

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