Friday, December 26, 2014

DIVORCE GROUNDS ARE LESS OF A NUISANCE IN ST. PAUL THAN IN LONDON

On behalf of Askvig & Johnson, PLLP 

When St. Paul couples are in the midst of divorce proceedings, they have some control over the personal details revealed in court and in divorce documents. Depending on the circumstances of the divorce, financial information may be discussed during the division of assets and spousal or child support negotiations; and character qualities can come up during a custody dispute.

These things depend on how contentious the divorce is and how a couple and their attorneys choose to handle the divorce. In many cases, something that is usually kept private is just what drove the couple to divorce. This is because in Minnesota, as in the rest of the U.S., no-fault divorces are permitted. This means that neither party must prove grounds for divorce, rather a couple can end their marriage due to irreconcilable differences. Things work quite differently in England, where couples often have to air their dirty laundry in front of a judge to obtain a divorce.

According to a recent New York Times article, ordinary annoying habits are often listed in English divorce cases because, along with adultery and abandonment, English couples can attempt to prove "unreasonable behavior" in their divorce cases.

For example, divorce petitions have included husbands' complaints about their wives cooking skills; one man said his wife simply made tuna casserole, his least favorite dish, way too often. Another man charged that his wife had a habit of throwing away perfectly good cold cuts and tampering with the TV antenna. There have also been complaints about husbands who have poor body odors or change TV channels too fast.

As you can imagine, some judges in England are becoming tired of evaluating these seemingly mundane marriage quarrels, and there has been talk among legal professional to reform the country's divorce laws.

Back in Minnesota, couples do not need to worry about this. If your husband has an aversion to picking his towels off the bathroom floor, or your wife has a habit of yammering constantly while you are watching your favorite show--you can leave those annoyances in the past, check "irreconcilable differences" and move forward from there.


Source: New York Times, "Tuna Again? In Fault-Finding England, It's a Cause for Divorce," Sarah Lyall, April 7, 2012

Thursday, December 18, 2014

IS THE DIVORCE RATE HIGHER AMONG CONSERVATIVE PROTESTANTS?

On behalf of Askvig & Johnson, PLLP 

According to a recently released study, conservative Protestants may be more likely to end their marriages than those who are more liberal and those who prescribe to other religions. After hearing this, readers in Minnesota may be wondering why this seems to be the case. A recent article explains all of the details.

The study is slated to be released in the America Journal of Sociology. What makes the findings perplexing is religiously conservative individuals place high value on the sanctity of marriage. So, why are they more likely to go through divorce? According to researchers, the high rate of marital dissolution is tied to getting married and having children at an earlier age.

Generally speaking, these two factors are known to increase the rate of divorce. This is true because starting a family earlier tends to prevent those individuals from finishing their education or pursuing a higher level of education, which leaves them with lower wages. This, in turn, puts more stress on the family which increases likelihood of divorce.

The next question is what makes an individual a Protestant? This research study qualifies someone as a Protestant if their religion places high value on the literal meanings of the Bible. That, paired with conservative political viewpoints, would make an individual a conservative Protestant according to this study.

In addition to the higher likelihood of divorce in conservative Protestants, the study shows that for every one percent increase in the conservative Protestant population in an area, the overall divorce rate increased by 0.02 percent. This seems to show that the existence of conservative Protestants increases the divorce rate for those living around them.

Although the findings of this study are quite intriguing, divorce is often a difficult situation for members of all political and religious groups. During the divorce process, many decisions must be made, property needs divided and, if children are involved, child support and custody must be agreed upon.

All of these issues usually cause emotions to run high. Therefore, it is often helpful to speak with a family law attorney who can relieve some of the pressure and help a divorcing party move through his or her marital dissolution as quickly as possible and reach a favorable outcome so he or she can move forward with his or her lives.


Source: Los Angeles Times, "More religiously conservative Protestants? More divorce, study finds," Emily Alpert Reyes, Jan. 17, 2014

The Top Reasons People Stay in Unhappy Marriages



Source: Huffington Post. "The Top 10 Reasons People Stay In Unhappy Marriages." Brittany Wong. December 18, 2014.

Thursday, December 11, 2014

IS SECRET SPENDING CONTRIBUTING TO DIVORCE IN MINNESOTA?

On behalf of Askvig & Johnson, PLLP 

When a married couple decides to call it quits, it could be for any number of reasons. In many cases multiple reasons have combined to cause a struggling couple to decide that divorce is the best next step. But research studies have shown that financial disagreements are one of the main drivers of disputes in marriage that often lead to divorce.

A research study conducted in 2011 by the National Endowment for Financial Education showed that financial infidelity has a negative impact on relationships 68 percent of the time. This study also showed that 16 percent of marriages end because of it. In addition, a study conducted by researchers at Kansas State University in 2013 showed that arguing about money is the best way to predict divorce. Another recent study shows something very similar: secret credit card spending can lead to divorce.

According to this new study, one in ten people admit that their spouse's or their own secret credit card spending played some part in their separation or divorce. Of the 1,000 men and women polled in the study, 36 percent said they keep their purchases a secret because they know their spouse will be mad and 35 percent keep them a secret simply because they know their spouse will disapprove.

Arguably the most interesting finds in this survey were the following: some people were actually using their credit cards on necessary living expenses and while women were 60 percent more likely than men to hide their purchases, men actually spent more.

Money problems and financial disputes may just be the tip of the iceberg for some couples who have decided a marital dissolution is the only way to go. However, if one or both of the individuals have a tendency to keep secrets, then division of property could become more difficult. It is always helpful to have an experienced Minnesota divorce attorney on one's side.


Source: Huffington Post, "Secret Credit Card Spending And Divorce Linked In New Survey," Oct. 14, 2013

Thursday, December 4, 2014

MAKING THE DECISION TO DIVORCE WITH CHILDREN

On behalf of Askvig & Johnson, PLLP 

Numerous individuals in Minnesota are married. However, most residents of the state are aware that sometimes marriages just don't work out, and some couples decide that divorce is their best option. There are many questions that a couple has to ask and many decisions that they need to make when they decide to move forward with a marital dissolution. When the couple has children, there are even more questions, and the decisions become even harder to make.

The key to making a divorce as easy on the children as possible, whether it is a contested divorce or an uncontested divorce, is that the parents be civil to one another when the children are around. This will decrease the anxiety of an already stressful situation for the children. It is important to remember that no matter what issues exist between the parents the children should not be involved. A parent that says something bad about the other parent to a child will hurt the child.

In addition, when a couple has children but they are not getting along and think that a divorce may be in their future, there are two questions that they commonly will ask. The first is whether they should remain married for the sake of the children. If they decide that is not feasible, then they will often ask themselves what age is the easiest for children to go through a divorce.

Couples will often decide to stay together indefinitely for the sake of the children or to stay together until the children are older because they believe a divorce will then be easier to handle. However, what those parents don't understand is that the teenage years are very tough for children anyway and the older the child is the more adjustments they will have to make. Younger children adapt to a new routine much more quickly.

Divorce can be difficult and sometimes the heightened emotions paired with figuring out the correct procedures that must be followed to finalize a divorce can be stressful. Thankfully, there are family law attorneys in Minnesota that are familiar with all of the procedures and state laws, and they can help couples work through these hard times as quickly as possible without the added complexity of having to learn the laws.


Source: Examiner.com, "Divorce does not have to be devastating for children if parents can get along," Dawn Michael, Jan. 3, 2014

Wednesday, November 26, 2014

STAYING FINANCIALLY SAVVY DURING A DIVORCE

On behalf of Askvig & Johnson, PLLP 

It is unfortunate that sometimes divorce comes with financial surprises for those involved. This may be especially true if a spouse in Minnesota was not fully aware of their financial situation and assets prior to a divorce. However, there are ways to stay financially savvy both during and after the divorce process.

One of the first steps each spouse should take is to separate their finances. Open new individual bank accounts and close any of those that were once held jointly. The same can be said for credit card accounts. This can be important not just so that each party can provide for themselves financially following a divorce, but also so that they are not unfairly forced into paying joint debts incurred after filing for divorce but before the process comes to an end.

All of this can be emotionally draining. That is why it is important to focus on fairness and getting the job done. Harboring revenge or resentment will not make the property division process an easy one. Making a budget and sticking to it is one way to stay focused on one's financial goals.

In addition, each spouse should make sure they have a complete understanding of how the divorce will affect their taxes. For example, after the divorce a spouse's income may change placing them into a different tax bracket. If spousal maintenance is being paid, these payments may be considered taxable income. In addition, if children are involved only one parent may claim them as an exemption on their tax returns.

Any financial decisions made during the divorce process can have long-lasting effects, regardless of whether the couple is going through a contested divorce or an uncontested divorce. By staying abreast of one's financial situation, it is possible to walk out of the divorce process on the right foot.


Source: ABC News, "How to Protect Your Finances in a Divorce," AJ Smith, March 31, 2014

Thursday, November 20, 2014

CHILD CUSTODY AGREEMENTS ADD NEW COMPLEXITIES TO DIVORCE DETAILS

On behalf of Askvig & Johnson, PLLP 

Couples pursuing divorce in the Twin Cities and surrounding Minnesota areas may face serious discussions as they attempt to settle on the details of child custody.

While many couples assume that custody agreements solely relate to residential and visitation schedules, they encompass much more. In fact, for those who decide on co-parenting, agreements can be very detailed with child-rearing preferences.

Oftentimes, a custody agreement includes a parenting plan to facilitate the implementation of well-defined details in a parenting, and to avoid gray areas which could result in the need to go back to court. When designing a parenting plan, it is important to consider the prevalent issues that are important to your child. The following are among some of the details those divorcing in Minnesota may want to consider:

  • Issues Pertaining to Faith: Those in interfaith marriages may want to be especially cognizant of laying out the details regarding the religious traditions in which the child will be raised, as well as when, how often and with whom children will attend church.

  • Holidays: Many parents consider carefully the division of custody on holidays and the importance it plays in the details of your custody agreement. Coming to an agreement on this early on may help to avoid arguments later.

  • Education and Health: Since these issues affect families until children reach adulthood, they should be discussed at length and planned accordingly. Many parents include information about schooling and medication choices in their custody agreements.

Although hashing out a parenting plan can be a difficult and emotional process, it can also help avoid stress from occurring later due to unspoken or implied agreements. For some families, it is best to write a vague parenting plan, so that it may be revisited and adjusted as children grow. For others, it can be useful to include strict, spelled-out guidelines. The counsel of your Minnesota divorce attorney should help to assure that you address all of the important details during this process.


Source: The Washington Post, "Divorce's details: custody agreements are getting more complex," Michelle Boorstein, Dec. 21, 2011

Thursday, November 13, 2014

MN LAW DOES NOT AUTOMATICALLY BAR RAPISTS FROM PARENTAL RIGHTS

On behalf of Askvig & Johnson, PLLP 


Minnesota law currently has no provision that would automatically prevent the father of a child conceived by rape from asserting custody and visitation rights over that child, even though the mother of the child would obviously want no contact with her attacker.

This issue rose to the forefront of national debate again after the Cleveland, Ohio man who pleaded guilty to kidnapping three women and holding them for a decade asked for visitation rights with the daughter he fathered with one of his victims. The judge hearing the case seems to have dismissed the request without much hesitation, saying that visitation would be "inappropriate".

Still, with one-third of the 32,000 children conceived by rape being carried to term, it is likely that in Minnesota, a case will emerge in which the father of a child allegedly conceived by rape will attempt to assert fathers' rights, including the right to regular contact with his child and perhaps even child custody.

In the Cleveland case, the evidence against the defendant was strong, and he pleaded guilty to his crimes. But it is not difficult to imagine a situation in which a father accused of conceiving a child by rape is never convicted or even prosecuted. Those situations will present a much more difficult case in which visitation is a real possibility.

There is federal legislation currently pending that would give grants to states that have laws terminating the parental rights of rapists. Nevertheless, even without special legal protection, mothers of children who were conceived by rape still have the right to present their case to a Minnesota family court and argue that the best interests of the child would not be served by having visits with the rapist. Although going to court may be frightening for these victims, a skilled family law attorney could help calm those fears.


Source: CNN International, "Child custody rights for rapist? Most states have them," Ed Payne and Ted Rowlands, Aug. 1, 2013

Friday, November 7, 2014

HOW WOULD DRUG USE AFFECT MINNESOTA CHILD CUSTODY DISPUTES?

On behalf of Askvig & Johnson, PLLP

Although it remains to be seen whether Minnesota will follow the trend in some other states and loosen laws restricting the use of drugs like marijuana, the issue has raised questions about how a parent's alleged drug use would factor in to a child custody dispute. What might come to some as a surprise is that judges and other experts in child custody cases have said that they would address the question of a parent's drug use with little regard to the legality of the drugs themselves.

In family law, there is an important distinction between a parent's drug use in and of itself and the ability of that parent to rear and raise a child. If a parent's use of marijuana or some other substance affects that parent's ability to take care of a child or meet parental obligations, then that drug use may cause a parent to lose some custodial rights, even if the drugs are legal or even prescribed.

Conversely, if the only complaint about an otherwise good parent is that the parent may use illegal drugs in their spare time, then that complaint is not likely to affect the outcome of a child custody dispute. Of course, if the parent winds up getting arrested in connection with illegal drug use, then that parent probably won't be able to meet their parental responsibilities while in jail.

In Minnesota, a judge will determine a child custody case based on what is in the best interests of the child. The judge will use a number of factors, outlined in the law, to make this decision. While a parent's drug use can play in to this decision in certain circumstances, this is not always the case.


Source: ABC 7, "No laws dictating marijuana consumption in child custody cases," Ryan Budnick, Feb. 27, 2013

Friday, October 31, 2014

WHAT CONSTITUTES INCOME WHEN DETERMINING CHILD SUPPORT?

On behalf of Askvig & Johnson, PLLP 

Like many other states, Minnesota determines the amount of child support a parent must pay by looking at each parent's income. The formula set out in Minnesota's child support guidelines will use each parent's income, as well as other factors, to give a family law judge some idea of the proper amount of child support that the judge should order a parent to pay.

While determining the amount of monthly payments by using a formula may seem simple enough on the surface, it can be quite tricky because spouses often argue over what constitutes "income". This is particularly true in situations where a person is either self-employed or has a job that offers substantial benefits over and above a cash salary.

In one recent case, an executive in charge of a college recently sought a child support modification after his cash salary was cut from $143,000 to $75,000 after the college fell upon some tough financial times. However, the man also continues to receive the equivalent of $16,000 in benefits annually, including a car and a cell phone that the man has available for his use.

While the man argued that these employment benefits should not count as "income" for child support purposes, the mother of his children and two lower courts disagreed with him. Both courts held that his overall income, including benefits, did not justify a child support modification. His case is now pending before that state's supreme court.

Particularly in situations like the case here, parents must take extra care in calculating the proper amount of child support. For example, a parent with non-traditional income can take advantage of the other parent by avoiding extra child support yet still taking home substantial employment benefits that improve his or her standard of living.


Source: The Columbus Dispatch, "Dad doesn't want hisperks to count in calculating child support," Catherine Candisky, June 12, 2013

Friday, October 24, 2014

HOW SHOULD DIVORCING COUPLES HANDLE SOCIAL MEDIA?

On behalf of Askvig & Johnson, PLLP

As residents of Minnesota are probably aware, we are living in a day and age where social media websites such as Twitter, Facebook and many more are very prevalent throughout our society. Oftentimes individuals with profiles on these websites will express their feelings about whether they are happy or frustrated. This may seem like a harmless activity and feel like a good way to vent, however, couples that are going through a divorce may want to be careful about how they handle social media websites throughout the marital dissolution process.

Postings on these websites could be brought into the courtroom. Some people have even suggested that a couple should move forward with a complete social media blackout while they are going through the proceedings. When a social media blackout is not feasible, there are a few things about behaviors on social media websites that the couple should keep in mind. These tips are valid whether it is a contested divorce or an uncontested divorce.

First of all, the individuals should update their privacy settings and also understand that even if someone is "un-friended" a mutual acquaintance can provide access to social media profiles. Second, it is important to avoid commenting publicly on the proceedings, especially those things that have happened in the courtroom. It is hard to know how those types of comments would impact a case if they get back to the judge. Lastly, avoid posting details of discussions that have taken place between client and attorney. This may serve as a waiver of attorney-client privilege and could make the spouse's case increasingly difficult.

A divorce is almost always a difficult situation for both individuals to experience. It is important that the couple handles their dealings on social media websites carefully during this time so they do not increase the difficulty of an already difficult situation.


Source: WTOP, "Navigating social media during a divorce," Neal Augenstein, Sept. 9, 2013

Wednesday, October 15, 2014

REMINDERS FOR DIVORCING COUPLES OVER THE AGE OF 50

On behalf of Askvig & Johnson, PLLP

When residents of Minnesota are asked to consider what types of couples are most likely to get divorced, many of them may believe it is the younger couples who have been married for a short amount of time. However, that is not always the case. A phenomenon known as gray divorce is becoming more and more common these days. Gray divorce occurs when a couple over the age of 50 decides to end their marriage.

Some may believe that individuals over age 50 have had a lot of time to plan for retirement and, therefore, it is at the bottom of their list of life concerns. However, that is not always the case and throwing a divorce into the mix later in life can certainly make the possibility of retirement even scarcer. In order to avoid running into problems with the inability to retire after divorce, there are a few things older couples can do upon deciding to get divorced in order to set themselves up to retire at the same age they would have expected to retire as when they were married.

First of all, it is important for each of the individuals to think carefully about what assets would be most beneficial for them to keep when they go through the division of property. Many times, people will be immediately inclined to fight to keep the house. However, houses are more likely to have unexpected and costly expenses, which could make a person's financial position difficult in the future.

The division of assets outside of tangible property may include investments. When these assets are divided in a divorce, it is important to keep in mind the tax implications of such divisions. For example, certain investments will be taxed more heavily than others. For example, when one spouse is entitled to a portion of the other's 401(k) plan, it is important that the spouse understand that there is a one-time opportunity to withdraw that money without tax penalties. However, the spouse also must be careful not to take advantage of this opportunity and withdraw too much money, which is a common mistake in divorcing couples over 50, but who are under the retirement age.

It can be confusing and difficult for divorcing couples to remember all of these pieces of advice in addition to working through all of the emotions that will likely arise during a marital dissolution. Nonetheless, it is important to be mindful of these issues when divorcing in later life.


Source: Huffington Post, "4 Divorce Mistakes ThatCan Derail Retirement," Marilyn Timbers, Aug. 27, 2013

Friday, October 10, 2014

SPOUSAL SPYING GROWING ISSUE FOR DIVORCING MINNESOTA COUPLES

On behalf of Askvig & Johnson, PLLP

A Minnesota man spent 30 days in jail for planting some high-tech tracking devices on his estranged wife's car and phone. The man and his now ex-wife were on the brink of a divorce, and the man wanted to find out whether his wife was having an affair.

While his actions may disturb some, other see them as part of a growing trend. Regular individuals can now access sophisticated spying technology once only available to government agencies and large corporations. Many couples use that technology to spy on each other both immediately before and during the dissolution of their marriage.

While one might think that spying is more common in a contested divorce so that a spouse can use evidence against the other spouse, it appears that many spouses use it simply so that they can know whether their husband or wife has cheated on them. Ironically, in most cases, a Minnesota court deciding a divorce will not factor in whether a spouse had an affair that ruined a marriage because Minnesota is a no-fault divorce state.

Still, perhaps the information that a spouse gets from spying brings some sense of emotional closure. Others may find the information helpful in a high asset divorce, simply because both the extent and the value of marital property may be a key issue.

In any event, spouses need to be careful when surreptitiously gathering information on their own, as doing so can carry significant legal consequences. Minnesota law affords a person the opportunity to gather information legally during a divorce, and those going through a divorce are probably best off to rely on that opportunity.

Source: The Wall Street Journal, "A spy-gear arms race transforms modern divorce," Steve Eder and Jennifer Valentino-Devries, Oct. 5, 2012

Tuesday, September 30, 2014

The Story of the Taoist Farmer

The Story of the Taoist Farmer 

An old farmer had worked his crops for many years. One day his horse ran away. Upon hearing the news, his neighbors came to visit. "Such bad luck," they said sympathetically.

"Maybe," the farmer replied.

The next morning the horse returned, bringing with it three other wild horses. "How wonderful," the neighbors exclaimed.

"Maybe," replied the old man.

The following day, his son tried to ride one of the untamed horses, was thrown, and broke his leg. The neighbors again came to offer their sympathy on his misfortune.

"Maybe," answered the farmer.

The day after, military officials came to the village to draft young men into the army. Seeing that the son's leg was broken, they passed him by. The neighbors congratulated the farmer on how well things had turned out.

"Maybe," said the farmer.

Source: Divorced Moms, "Divorce Was the Best Thing That Happened to Me. Maybe." Joy Cipoletti. July 17, 2014

Tuesday, September 23, 2014

WOULD A CRAIGSLIST DIVORCE WORK IN MINNESOTA?

On behalf of Askvig & Johnson, PLLP

Minnesotans who are facing the prospect of a marital dissolution know that the process can be time-consuming and expensive. As a result, many may look for alternatives to a traditional divorce, which usually involves the hiring of a lawyer. According to one investigative report, some people are even turning to Craigslist to buy the services of those who peddle their ability to fill out divorce paperwork correctly.

While this setup might work in the case of an uncontested divorce when everyone is in agreement on everything, the Craigslist divorce has its drawbacks. Non-lawyers are prohibited from giving legal advice in Minnesota or from representing a person in court.
The upshot of this is that while a person may be able to fill out forms, he or she cannot legally tell his or her customer how he or she should approach his or her divorce or what to do once the forms are filled out and filed with the court. Moreover, while the person may think that he or she has someone on his or her side, in fact that person will go to court pro se, that is, without a lawyer.

When the other side has hired a lawyer, this can make for a very one-sided divorce hearing that can lead to a lopsided result. While a judge can ensure that the rules of the court are observed by all, he or she cannot intervene on behalf of a person simply because he or she does not have a lawyer.

Getting someone who is not a lawyer to help fill out divorce paperwork may work in those cases in which there really and truly are no contested issues. These sorts of cases, however, can be quite rare. For those other cases, it may be advisable to get someone who has the ability not only to fill out forms but also to give sound legal advice and quality advocacy in the courtroom.


Source: KRISTV, "6 investigates: DIYdivorce on Craigslist," Janine Reyes, Aug. 12, 2013

Wednesday, September 17, 2014

HOW CAN DIVORCING PARENTS IN MINNESOTA PROTECT THEIR CHILDREN?

On behalf of Askvig & Johnson, PLLP posted

As divorcing couples in Minnesota are likely aware, emotions can run high when a couple decides to separate or dissolve their marriage. However, some individuals may be more harmfully impacted by these heightened emotions than others.

If the couple has children, they may be the most likely to have a negative experience stick with them for an extended period of time. It is even possible this negative experience will impact the relationship they have with their parents. This may be a scary thought for divorcing parents, but there are actions that can be taken to protect children during a divorce proceeding.

First of all, it is a good idea not to rush into litigation when going through a divorce. There are other more amicable alternatives, such as divorce mediation. When a couple decides on a more collaborative approach than litigation the process usually moves more quickly. Litigation often pits couples against each other whereas mediation allows the separating couple to focus on co-parenting strategies. This makes the process less strenuous for any children involved.

Secondly, it is important to ease a child's transition into living in two households. When a parent has a child or children at their house, it is important to focus on having fun with them and enjoying the time together rather than trying to find out what's happening in the other home. In addition, experts recommend never speaking ill of an ex-spouse. This may also be a good time to communicate with children about their feelings, making sure they understand the divorce is not their fault.

It may also be helpful for children, and potentially the divorcing couple, to spend time speaking with a therapist. This can help everyone work through any resentment, guilt or grief they may be experiencing.

Lastly, it is important for the divorcing couple to take care of themselves. Experts suggest using the time alone to refresh and spend time bettering one's self. This may re-energize parents and make them more positive around their children.

Even if a couple going through a marital dissolution decides on mediation, it is still a good idea to seek the assistance of an attorney who will help to guide them through the process. This attorney will do everything possible to reach an outcome that preserves a divorcing party's financial, emotional and relational health.


Source: Huffington Post, "5 Ways to Protect Children During Divorce," Deborah Anderson Bialis, Nov. 25, 2013

Tuesday, September 9, 2014

WHAT MISTAKES SHOULD DIVORCING FATHERS AVOID?

On behalf of Askvig & Johnson, PLLP

Readers of this blog may have seen previous postings discussing child support determinations and which parent is more likely to receive the majority of physical custody. Some may believe that the courts always favor the mother over the father. While this is not a proven statistic in the present day, there are certain mistakes that are often made by fathers that could make them less likely to obtain custody of their children when going through a divorce.

First of all, it is important that the father does not purposely drive an increase in the cost of litigation. In some states, this type of behavior is punishable by law. The circumstances leading up to the frivolous behavior do not necessarily matter. Therefore, it is very important that couples going through a marital dissolution choose their legal counsel wisely so they are advised appropriately.

Second, it is important that fathers do not stretch themselves too thin financially. It is often helpful to meet with a lawyer who can help the parent budget for the upcoming divorce proceeding and also help them understand the different financial obligations that may arise, some of which the parent may not be aware.

Third, fathers sometimes give in on custody proceedings hoping that they will become successful later. However, this action of putting their children on the back burner and not making them a priority is actually a huge mistake. It is important that children have both parents present in their lives.

Fourth, fathers will often use their children as leverage to decrease their child support payments. They will fight for more time with their children so that they are not stuck making large child support payments. However, oftentimes when all is said and done then this time is not actually spent with the children. This type of behavior can put a father right back where they started, in the courtroom.

Lastly, it is important not to let unpaid child support add up. If a modification is needed due to changed circumstances, then it is important to seek that modification as soon as possible. Back due child support can be extremely financially detrimental to a divorced or divorcing parent.


Source: The Huffington Post, "5 Dumb Mistakes DadsMake During Divorce and How to Avoid Them," B. Robert Farzad, Feb. 13, 2014.

Thursday, September 4, 2014

HOW MOVING CAN AFFECT CHILD CUSTODY IN MINNESOTA

On behalf of Askvig & Johnson, PLLP

Divorced parents in St. Paul may find that it is not very simple to pack up and leave Minnesota, or even to move to another area of the state. There are many child custody issues that come into play when a divorced parent decides, for whatever reason, that he or she would like to relocate.

Sometimes, a potential relocation is addressed specifically in a divorce agreement, and those who are going through a divorce may want to talk about this with their family law attorneys if they think relocation could become an issue. In most cases, however, relocation terms are not included in this document and the parent who wishes to relocate must file a petition in family court to request permission to relocate.

Because each jurisdiction operates a bit differently, it will be important to talk to a family law attorney about where to file the petition and what information to include. A petitioner could also contact the family court clerk's office with such questions.

Most often, the petition will need to include the reason behind your pending move. These might be due to financial factors or to be closer to family, for example.

If the relocation will affect your ex's parenting time rights, you will need to address this in the petition. How will you allow your child to make up this time with his or her other parent? Some parents are able to do this by changing their parenting schedule a bit, sometimes by allowing the other parent to have custody of the children during school vacations or on summer break.

Nonetheless, family law courts are often hesitant to allow the relocation if it will obstruct the child's relationship with the non-custodial parent. In these cases it is necessary to show the court why the relocation is in the child's best interest--as this is the court's chief concern. An example would be that perhaps the child will be better off moving because of the change of a school district.

Relocation with a child is not only a serious family decision for single parents, but it is also a legal decision. It is important to take this seriously and go through the proper legal channels so that a court cannot fault you for neglecting an earlier established child custody agreement.


Source: Huffington Post, "How Do I Relocate After Obtaining Custody of My Children," Eyal Talassazan, July 2, 2012.

Thursday, August 28, 2014

DO BOTH SPOUSES HOLD LIABILITY FOR STUDENT LOANS AFTER A DIVORCE?

On behalf of Askvig & Johnson, PLLP 

As previous postings in this blog have discussed, when a couple in Minnesota decides to divorce there are many tense subjects that may lead to heated and emotional disagreements between the already sometimes-unhappy couple. Sometimes, one of these subjects is property distribution.

Property is distributed between a divorcing couple based upon the state's family law standards. Some states are community property states and anything that is considered marital property or a marital asset is split evenly between the two people. Other states, including Minnesota, are equitable distribution states and marital assets are split in a way that the court considers fair and equitable.

Separating couples do not always consider that debt may also need to be divided between them upon divorce. With the escalating costs of obtaining undergraduate and graduate degrees, numerous individuals have accrued student loan debt. Some of these student loan debts are rather extensive, and when a couple decides to split, the question arises as to whether the liability for this debt will belong to the student that incurred it or whether the couple will be jointly liable to pay it off.

Different states have decided this issue in different ways but there are a few considerations that may help in determining who will be responsible for student loan debt. It is first important to understand what the money was used for, whether the degree was actually earned and, if so, whether that degree is considered marital or separate property. If the money was used for books, tuition and other educational expenses, it may be easier to raise the argument that the debt belongs to one person. However, some states consider the degree marital property, and then both individuals may be responsible for the debt.

Next, it is important to consider the income-earning power of each spouse. If both spouses benefitted from the earning power created by the degree, then the state may determine that they both must contribute to loan payments. However, if one spouse stayed at home and did not work so that the other could obtain the degree, the court may find it unreasonable to expect the unemployed individual to contribute to the loan payments.

The moral of the story is that the decision will vary according to state laws and previously determined cases within the state that concern similar issues. A family law attorney would be most familiar with both of these types of information. Those that are struggling to determine who holds liability for debts owed during divorce may want to speak with an attorney who will help them work through these types of confusing and emotional issues.


Source: Forbes, "Are Student LoansIncurred During The Marriage Considered Marital Debt?," Jeff Landers, Dec. 17, 2013

Wednesday, August 27, 2014

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Tuesday, August 26, 2014

CHILD CUSTODY CAN BE A CONTENTIOUS BATTLE DURING DIVORCE

On behalf of Askvig & Johnson, PLLP

When a couple decides to divorce, one of the more contentious arguments that may ensue usually involves who gets what. Many residents of Minnesota may think that this disagreement would only arise when it comes to personal property. Unfortunately, that is not always the case. If the divorcing couple has children, there is also always the question of who will get legal and physical child custody.

In Minnesota, the terms of child custody are determined based upon the best interests of the child. However, this does not mean that the terms will not give rise to a child custody dispute. The best way to approach this is for each individual to make a decision as to what it is they want when it comes to child custody and parenting time.

In terms of legal and physical custody, there is always the option for joint custody. However, if a joint agreement is not in the best interests of the child, the judge may decide that is not the direction that should be taken.

Joint legal custody means that both parents work together to make decisions regarding the child's schooling, church, medical care and more. Joint physical custody means that the children spend roughly equivalent amounts of time with each parent. However, the amount of time spent with each parent determines the amount of child support that one must pay the other, if any. In Minnesota and in any state, legal guidelines provide for the amount of this payment to be calculated.

When a divorcing couple decides to share parenting time and co-parent together, there are a few strategies that can help make them successful co-parents. First of all, it is important to make sure the children know that their parents love them. This will help them adjust more easily to divorce. Second, consistency is key. Consistent schedules and rules across households will make everyone's lives easier. Finally, the parents need to set a good example for the children when it comes to problem solving and cooperating with each other.

If co-parenting is the ultimate child custody decision, these pointers will help parents to ensure that they are successfully raising their children without allowing the divorce to have an excessively negative impact on their lives.


Source: American News Report, "How to Handle ChildCustody in a Divorce," Oct. 8, 2013

Thursday, August 14, 2014

AFTER ST. PAUL DIVORCE, WHO KEEPS THE PETS?

On behalf of Askvig & Johnson, PLLP

When couples divorce in Minnesota, there are many things that are divided. From property, finances and assets to child custody and parenting time, many things that had been shared together must be divvyed up. And in St. Paul and elsewhere, another family law issue that is becoming more and more common is deciding what will happen to the pets.

Pet custody cases have increased throughout the country in recent years. And, while many Minnesotans consider their furry friends as kin, under state law, pets are considered only as property. In fact, pets are considered as property in every state in the country.

Traditionally, they are divided as such in divorce cases, but judges have taken note that as of late more and more people would like their pets considered almost like children in divorce court. As such, many Minnesotans like to work out a pet custody agreement during divorce.

There are no guidelines for judges to use specifically regarding pet ownership, but when children are involved in the divorce many judges try to keep the pets with the children. But, because there are no pet custody laws on the books, many Twin Cities residents work out pet parenting plan agreements on their own and with the assistance of their attorneys.
In addition to custody and visitation, there are many other issues that can be involved in a pet custody agreement. These include residential and holiday schedules, travel arrangements, veterinary care, grooming, costs and end-of-life decisions.

Some believe that eventually there will be statutes to provide judges guidelines for pet decisions, similar to those that exist with children. Several states are currently looking into legislation to protect pets in cases of domestic violence restraining orders which could make way for further pet legislation in other legal areas.


Source: Huffington Post, "Pet Custody Cases Increasing, Divorce Lawyers Say," Sue Manning, Feb. 28, 2012