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Recent Posts in Uncontested Divorce Category

Contested vs. Uncontested Divorce

A divorce begins when the petitioner (the person who initiates the divorce) serves two legal documents, the Summons and the Petition, to the Respondent (The other party in the divorce). The Respondent ...
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Military Divorce Rates at Highest in Over a Decade

The collective military divorce rate grew this year to its highest level since 1999. Yesterday, the pentagon reported that roughly 30,000 military marriages ended in divorce in the 2011 fiscal year. ...
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Marriage Counseling in Minnesota Divorce

Marriage counseling is not a requirement prior to divorcing in Minnesota . Minnesota, like many other states, is "no fault" for divorce. This means that neither party has to give the court a ...
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Can I Get Divorced in Minnesota if I Was Married in Another Country?

Often people are married in other countries and move to the United States. For whatever reason, the marriage may not work out and the individual is left wondering if they will be able to obtain a ...
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The Difference Between Marital and Non-Marital Property

Marital property is any property that is acquired during the marriage. If during your marriage you and your spouse purchase a home, then this home is considered “marital property.” If ...
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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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How and When is Parentage Addressed in Divorce?

There are two unique situations where parentage must be addressed in a divorce action: when the parents were not yet married at the time of the child’s birth and when the wife is pregnant at the ...
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Determining a Spousal Maintenance Award in Minnesota Divorce

Spousal maintenance, formerly known as “alimony” , is not as common as is often believed. The typical spousal maintenance case involves a long-term marriage where one spouse did not work ...
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What if my Spouse and I want to Reconcile During the Divorce Process?

The divorce process is very emotional and sometimes the parties have mixed feelings going through it. The parties may not be in agreement to go forward with the divorce. So what happens if during the ...
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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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How to Trace Interests in Property Before Marriage in Minnesota?

Often when parties get divorced, the value of any property is split down the middle; each party gets about 50% of the assets and debts from the marriage. This can get more complicated, however, when ...
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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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Exchanging Information in a Divorce: The Discovery Process

When parties are going through the divorce process , the question often arises of how you can be sure that the other side is being honest and not hiding information or assets from you. The rules of ...
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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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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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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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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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