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Maple Grove Family Law Blog

A childless divorce in Minnesota: What to expect

Marriages can go through strains and pressures no matter what the circumstances. Many people say that their marriage became more challenging once kids were put into the equation. However, many married couples decide to file divorce at a stage in their lives when they do not have children. The divorce process is never an easy one, but in the state of Minnesota, divorce can be simpler when no children are in the picture.

If you are considering filing for a divorce in the state of Minnesota as a person without children, you may be curious about how state laws will apply to you. Even though you will not have to deal with child support issues or lengthy child custody disputes, the process of divorce can still entail many different facets that can have long-term implications on your financial and emotional wellbeing.

A Minnesota divorce means splitting up your retirement fund

When you choose to end your marriage through divorce, there are usually financial repercussions to that decision. Typically, you will have to divide income and debts accumulated during your marriage with your spouse. That can mean losing out on half of your assets, including equity in your home and funds in your retirement account.

However, since every marriage is unique, every divorce is also unique from other divorces. That means that it can be very difficult to predict exactly how the courts will handle the process of asset division if you do not have a prenuptial agreement. Unless there is an agreement between you and your spouse, the courts will make these important decisions on your behalf.

Trying mediation before divorce in Minnesota

When you and your spouse are thinking about filing for a divorce, it is likely due to issues with your communication in one way or another. When one or both spouses fail to make clear and constructive communication about what they want from their marriage or what they would like to see change, serious issues usually arise.

Before taking action or filing for divorce, many couples decide to try divorce mediation to see if it can help them work through their issues. Divorce mediation generally has two primary desired outcomes -- either it helps a couple work through their issues, thus allowing them to remain married, or it helps them decide that divorce is the best option. Mediation is designed to help couples move through the process of splitting up smoothly and amicably.

Tips for Buying a Home after Divorce

It can be nice to dream of a fresh start after a divorce. For some, a new home is part of the future that they envision for themselves after making such significant life changes. However, a divorce can result in significant debt and changes to credit scores.

Understand more about some important considerations before purchasing a new home after a divorce.

How alimony tax proposal could negatively impact divorces

House republicans have proposed a change to the current spousal support (alimony) laws that affect divorces all over the country. The change would take away the ability for the payee to have the alimony amount deducted from his/her taxes. In addition the recipient would no longer be able to have alimony count as taxable income.

Breaking down the details

3 ways to protect finances and credit score during divorce

Although you know divorce significantly impacts various aspects of your life, you may not be considering how it will affect your credit score. On the one hand, getting divorced does not directly reduce your credit score because your creditworthiness is not related to your marital status.

On the other hand, divorce can directly impact your finances, which can, in turn, affect your credit score. This could be because of trouble with paying bills, having joint accounts or dealing with a vindictive ex. Here is a look at each of these situations and how to deal with them.

Vital points about paternity and Recognition of Parentage

Paternity in Minnesota is a frequent issue that must be navigated for the good of the parents and the child. One issue that must be understood is 'Recognition of Parentage.' This is a document establishing the legal relationship between a man and his child if he is not married to the mother. However, there are other factors to remember, such as its advantages, disadvantages and how it can be undone.

You planned for retirement -- How do you re-plan after divorce?

The rate of people divorcing over age 50, known as gray divorce, is increasing. This increase may not surprise you, but what may surprise you are the problems that this presents. People who are older usually have more assets to consider during the asset division of the divorce.

One of those assets is their retirement accounts, including 401ks, pensions and social security. Typically, retirement funds saved during a marriage will be considered as part of the marital assets during divorce and subject to some type of division.

Women must consider their financial future when they divorce

For Minnesotans going through a divorce, it will inevitably be a difficult time, with many factors coming to the forefront as they try to adapt. One issue that is worrisome for women is the way their budgets will change after the case is complete. This must be considered during the process so it is addressed and there is preparation for the future.

Statistics show that being married can be beneficial when it comes to finances. The median weekly earnings for women who are married is 20 percent higher than that of women who are not married. This information comes from the Bureau of Labor Statistics. Married women were found to earn more than unmarried men at 9.6 percent. They make 23.4 percent less than married men. Post-divorce, the woman's overall income for the home fell by an average of 41 percent. That is nearly double what men lose in a similar situation.

Can there be a license suspension for overdue child support?

Minnesotans who are obligated to pay child support, and the custodial parents who are supposed to receive that support, must be aware that there are certain penalties that the state will assess if there are delinquent payments. Child support enforcement comes in a variety of types. One that can be particularly problematic for the delinquent parent is a driver's license suspension. Understanding when this can come about and how it can be rescinded is imperative to a person's life.

The Minnesota Department of Public Safety can issue a driver's license suspension for being behind in child support if the request is made by the child support office. For this to happen, the following two factors must be in place: the parent owes at least three times the monthly support requirement, and there is a written payment plan that had been approved by the office, a child support magistrate, or the court, and the parent is not in compliance with it. The parent will be informed through the mail that the suspension is moving forward.

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