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

Divorce is not a tragedy

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

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

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