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Recent Posts in No Fault Divorce Category

When to File for Divorce in Minnesota

Parties do not have to file for divorce in the state in which they were married. However, Minnesota has specific residency requirements that must be met in order for a person to file for divorce in a ...
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How do I get a divorce in Minnesota if I can't find my spouse?

Recently it has come up in some of my cases that one party cannot find the other party but wants to file for divorce. This can be because of problems that have recently occurred or when the parties ...
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The Discovery Process: What Makes up a Marital Estate in Minnesota Divorce?

Often in a divorce , the parties do not trust each other to fully disclose all of their assets or may believe that a spouse is intentionally hiding money or property from the other. A full and fair ...
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Divorce Education Classes In Minnesota

Minnesota Statutes require all divorcing couples with children attend an educational course. Some counties, like Hennepin County require that the children of divorcing couples attend an educational ...
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Does Common Law Marriage Exist in Minnesota?

Common law marriage is an old concept that still holds ground in many countries and eleven states. In common law marriage, the parties never actually go through the process of becoming married through ...
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How is the Divorce Process Started in Minnesota?

A divorce action is started when one party, the “Petitioner”, drafts or has an attorney draft a Summons and Petition. The Summons and Petition set out what the main issues will be in the ...
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Divorce: Who Gets the House?

Often at the time of divorce, both parties want to stay in the marital home. What happens then? How can you force one party to leave? If the home was purchased during the marriage, it is marital ...
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What Happens When My Spouse Doesn't Want a Divorce?

When one party wants to get divorced, there is no way to stop the process from happening. The party choosing to begin the divorce process (the “Petitioner”) starts by having two documents ...
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Holidays for Divorcing Families in Minnesota: Who Gets the Kids?

One issue every divorcing family with children needs to deal with is the change in the holiday schedule . Holidays are generally a time, sometimes the only time, that the children spend time with ...
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Divorce in Minnesota: Who Gets to Claim the Child for Taxes?

Tax law is not state-specific, it's federal. The Internal Revenue Service has deemed that noncustodial parents are not able to claim their children for tax purposes. In general, since the ...
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Is a Personal Injury Settlement in Minnesota Marital or Non-Marital Property?

In a divorce proceeding , a personal injury settlement can represent a large amount of money that will have to be divided between the parties. Usually, this type of settlement occurs in Personal ...
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What Happens to Business Interests in Minnesota Divorce?

When parties are married, everything that is earned or created during the marriage is marital property . Also included in the definition of marital property is a portion of any asset that was acquired ...
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Protecting Your Credit in Real Property Divisions in Minnesota Divorce

A common part of a settlement agreement with divorce is the division of the homestead . Real property is considered marital if it was purchased during the marriage, regardless of whose name is ...
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ICMCs and the Early Neutral Evaluation Process

In Hennepin County and Ramsey County, the family courts have adjusted to make the process more amicable for cases. Instead of filing a case and having nothing happen for some time, the courts have ...
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Minnesota Home Mortgages and Divorce

With the state of economy today many people are dividing up debt rather than assets in divorce. One of the biggest decisions divorcing parties must make is what to do with their home. It is more ...
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Annulment vs. Divorce: Which is Right for Me?

Under Minnesota law, when two married individuals plan to separate, the most common route is to get a divorce. Often, people want to get an annulment for religious reasons. However, a religious ...
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New Lending Guidelines & Their Impact on Divorced Minnesotans

Fannie Mae and Freddie Mac own the majority of the mortgages in the United States. Recently, their guidelines have changed in ways that impact family law. Mortgage banker Mitch Irwin specializes in ...
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The Benefits of Using an Attorney in a Quickie Divorce

Sometimes when clients come to us to get divorced, both the client and their spouse have already determined how they want their assets and debts divided and what kind of custody arrangement they would ...
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Effect of the Economy on Divorce Rates

The recent downturn in the economy has affected the amount of divorces over the past year. Our office has seen two trends: Some couples are waiting to file for divorce until the market rebounds. They ...
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