Minnesota Divorce Legal Questions

Hey Janie, I am so sorry about the marriage roller coaster you have been on. The honest and truthful answer is that your marriage is technically on a roller coaster ride whose engine is about to get burned. The only way to make sure the ride continues is to either terminate it, meaning get a divorce finalized and try to re-date again and see maybe the marriage spark will come back. Other than that, if your husband is not being involved with the kids or you on a timely bases, I hate to inform you that this marriage is less likely to be saved. The other thing is, with time and patience things might turn around. But because your husband is not with you, there is a slight chance he is with someone else and not thinking about you or fixing the marriage. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com.... Read Answer

If you go on line, the State of Minnesota has all of the forms, etc.  If you are slightly less adventurous, there are also people who will do parts of the case for you, so it is done right, but only charge for what they do.  My ex-partner, Stacey Keenan, may be doing this.  She practices in St Paul.  Other lawyers have discounted fees.  We would charge $700 for a case like yours.  You may qualify for having the filing fees waived or reduced by the court.  ... Read Answer

In order to answer this, your final decree must be reviewed.  The appeal time has long since passed, but that does not mean there is no recourse.  I would not feel comfortable saying you can or cannot change this, without looking at your divorce papers.  We would gladly review it for free, if you would like us to.  There are other lawyers who would probably be willing to do the same.  But make sure someone reviews it and tells you your rights and obligations.... Read Answer

Yes, a divorce would generally be recognized as a matter of comity.  The key word is "generally."  There are exceptions.  The federal government generally has nothing to say about marriage law.  It is a matter left to each state.  With the sole exception of the federal law prohibiting the federal government or any state from recognizing a marriage or divorce of a same sex couple in a state or foreign country that allows it.  This strange law, called (DOMA, for Defense of Marriage Act), abridges the rights of the state governments in that one area. Otherwise, it is a matter of the individual state and its recognition of what occurred elsewhere. ... Read Answer

The foreclosure option may be preferable.  If the lender is not giving you any benefit from voluntarily giving up your redemption rights, I do not see why you think it is your responsibility to give away what little little value there is left in the house.  It is startling to me why people cannot give enough to the banks and bankers.  Having said that, review how this is handled in the decree.  There is no way, however, the banks will let you off the mortgage.  Giving is a one way street when it comes to underwater real estate.... Read Answer

The divorce does not change the rights of the bank.  If the bank could go after him if you were still married, it can do that now.  If you were responsible to pay the mortgage, then he could go to court to enforce that obligation.  It is really hard to tell without looking at the decree.  If you want, I can look at the decree for you, at no cost.... Read Answer

As with so many legal questions, the answer to this one is, it all depends...and without knowing further facts, the best I can say is what is probably going to be the treatment in a divorce.    If this award was received prior to your marriage, it is probably nonmarital property, and your to keep.  This would require that you can trace it, etc., so I cannot say your rights to it with more certainty than "probably." If you received it after marriage, it is like wages, and these were earned after you married, so it probably goes into what you own for dividing up the value of assets.  If the payments are going into the future, they are again, like wages, and will probably be used if there is a child support or alimony calculation.  And as to the foregoing, I should add, I do not know of anyone "capitalizing" the payment stream, but I could see trying to do that, although it probably would not succeed. So, I think you probably could benefit by talking to a lawyer.     ... Read Answer

If the Order clearly required him to do it, you can enforce the order.  If he fails to refinance and he was oerdered to do so, he should have to show cause why he should not be held in contempt of court for failingt to do it. Recently, the economy has been such that the language requiring refinancing has gotten a little more pemissive than in the past.  Your divorce lawyer should be able to get this done with just a few hours of work (reviewing the order, draftiing the papers, serving the papers- must be in person, on the respondent, and then appearing at the hearing).  On the other hand, it could just require a letter or two to get him off his duff, or it could involve a lot more, as he may not be able to get refinancing. We recently handled a similar case for a client.  We had not represented in her divorce.  Her ex-husband was to have tansferred some property, but didn't.  He tried to raise other issues, which had nothing todo with his requirement under that portion of the order.  The matter was settled without a hearing, but it cost us $100 just to get the ex served, and the Court got paid $100, even though it didn't have to be heard.  So, even at our firm wide rate of $150/Hr, which is pretty low, it still cost our client a little under $1000.  On the other hand, while it was expensive, the client thought it was worth it.  ... Read Answer

A spouse's interest in a retirement fund is an asset.  If the couple was married for nine years, that asset probably increased during that time.  As part of the divorce, the parties divide the value of the marital assets, i.e., generally speaking, those that were not brought into the marriage or gifts to a particular spouse.  The money going into the retirement fund, is no different than the money that went into the bank while the parties were married.  It accumulated, and hopefully increased through interest or earnings. In making a determination of the value of the marital assets, the retirement funds will come into play.  If there is a $100,000 in the bank and retirement funds generate during the marriage worth $100,000, and no other assets, on person could get cash, and the other person the retirement funds. Or, each could take $50,000 of cash and $50,000 of the retirement benefits. If it is necessary to use the retirement funds to divide the assets, a Qualified Domestic Relations Order (QDRO) can be entered into and the retirement fund will divide the benefits as instructed by the court as part of the settlement.  (The QDRO is required due to the anti-alienation rules that generally prohibit someone from acquiring an interest in the retirement funds of another person.)  The needs of the parties, including immediate and long term implications, should be carefully considered, and there can be interesting issues that make it well worth the money the parties spend on their financial and legal advisers.  Many firms, like ours, give free initial consultations to help decide if it is worth paying the $150/hour that our lawyers, and some others, charge, to arrange the ideal split of assets.... Read Answer

Are these joint cards?  Are they being used for the betterment or needs of the household?  What other debts do you have?  What assets are there? What is she spending the money on? Are there kids for whom there will be support?  Special needs dependents?  Who makes more money?  Has she relinquished a career or deferred education?  These are a few of the questions that need to be considered.  Considering what is happening, have you thought about taking the time for a free initial meeting with a lawyer to learn more? A lot of firms, like ours, also have affordable rates that may be a bargain compared to what your wife may be doing. ... Read Answer