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divorce

Divorce can be a very straightforward process settled in a matter of weeks or, when assets are complex or children are involved, a lengthy process that lasts several months to over a year. Regardless, we know that divorce is a difficult decision for everyone and clients are looking for guidance and support.

Divorce often involves a wide range of issues including spousal maintenance, division of assets and debts, and child custody and parenting time.

The law on spousal maintenance in Minnesota is not straightforward. Minnesota law does not require you to be married for a certain length of time in order to request spousal maintenance. Unlike child support calculations, Minnesota law does not provide for a set calculation for spousal maintenance. It is often necessary to employ a financial professional to assist couples with determining a fair and workable spousal maintenance award. A court can award spousal maintenance on a temporary or permanent basis. Negotiating spousal maintenance out of court often involves the transfer of property in lieu of monthly spousal maintenance payments.

In Minnesota, marital property is divided on an equitable basis. Part of the work of dividing marital property is identifying and excluding non-marital property, which includes property that was owned prior to marriage or property that was inherited or gifted during marriage. Certain assets are more difficult to value and require collaboration with appraisers or other financial professionals to value and calculate interests.

Child custody and parenting time is determined based on the best interest of the child standard under Minn. Stat. 518.17. Often parents are able to identify and agree on the best custody and parenting time schedule for their children. You know your own children better than anyone else. However, even in amicable divorces, experts in child development can assist couples with crafting a detailed parenting plan, involving additional agreements designed to lead to good co-parenting. In contested custody matters, a custody evaluator will get to know your family and children and make recommendations based on the best interest factors.

child support

Child support is calculated in Minnesota based on the guidelines set forth in Minn. Stat. 518A. Although the calculation is straightforward, often the information used in the calculation changes the resulting child support order significantly.

In Minnesota, child support can be determined in district court, or by a child support magistrate in the expedited child support process. The expedited child support process is reserved for those child support cases involving the county child support office. The county child support office is involved when either parent is the recipient of public assistance, or when either parent requests child support enforcement services from the county. If the county is not involved, district court judges and referees can also calculate and determine child support awards.

Child support calculations involve the input of various data, including the gross income of both parents, number of non-joint children, number of overnights with each child for both parents, the monthly amount of medical and dental insurance, and the cost of childcare. While many child support calculations are straightforward, some issues can complicate the calculation, including self-employment, unpredictable bonus income, and voluntary unemployment or underemployment by either parent.

child custody/paternity

When parents were never married but had a child together, and subsequently split up, a court order is needed to establish a parent’s custody and parenting time rights. If paternity is in question, a custody matter is preceded by a paternity petition to establish parental rights. Prior to the initiation of a paternity or custody petition, a child’s mother has the presumption of custody. But, after a custody or paternity petition is filed, child custody and parenting time is decided in Minnesota based on the best interest of the child standard.
 

step-parent adoption

Stepparent adoptions are used to unite new families together. The relationship with a birth parent is terminated, and the stepparent (husband or wife) becomes the new legal parent of the child. Generally, the birth parent consents to the step-parent adoption due to a history of limited contact or other complicating factors.

Some step-parent adoptions involve communication and contact agreements with the birth parent and the child. In addition, often a birth parent seeks to waive child support arrears in exchange for their consent to the step-parent adoption.

orders for protection/HARASSMENT RESTRAINING ORDERS

Minnesota law provides for two methods under civil law to keep someone safe from threatening or harassing behavior. An order for protection (OFP) petition must allege that domestic abuse has occurred, generally physical abuse or an immediate threat of physical abuse. If physical abuse has not occurred, but harassing behavior is present, such as repeated and unwanted calls or texts, or stalking behavior, a harassment restraining order (HRO) can be sought. A violation of an OFP or HRO can lead to criminal charges. It important to choose the right protective or restraining order and to include all relevant allegations to avoid a dismissal of the petition.

mediation

Gillian J. Blomquist and Kyle T. Wermerskirchen have extensive training and experience in mediation and early neutral evaluations. Mediation can take all different forms and can be used to resolve a broad range of issues between parties. Traditional mediation is a facilitated conversation between spouses or parents working through various issues and coming to agreements. Evaluative mediation incorporates an evaluative opinion from the mediator on topics such as parenting time schedules, asset and debt division, and spousal maintenance awards. The early neutral evaluation process involves two evaluators who make recommendations related to social (custody and parenting time) and financial (division of assets and spousal maintenance) issues after hearing both parties’ unique perspectives. Both attorneys are available to guide you through the mediation process, offering creative and informed solutions in mediation.

COLLABORATIVE LAW

Who is going to decide the outcome of my divorce? Traditionally, if people are not willing or able to work out the details of a divorce themselves, the outcome of a divorce is up to the assigned judicial officer. The litigation process can involve intrusive requests for exhaustive information, divisive allegations against your spouse made in the form of affidavits and witness testimony, psychological evaluations, review of medical and criminal records, and multiple court hearings where attorneys speak on your behalf. The entire process can be emotionally exhausting and expensive. While sometimes a judicial officer will make decisions in your favor, the path to getting a court order further divides already divided spouses and parents. In addition, it often does not make any practical sense to allow a stranger with limited information about your life, to make important decisions about your financial future and the future of your relationship with your kids.

Collaborative law is a process designed to bridge the litigation gap between divorcing spouses. Couples employ a team of professionals often including a child development specialist, a financial professional, a divorce coach, and neutral mediator. Each spouse employs their own attorney to assure that they feel supported and informed throughout the process. Both parties and all participants must sign an agreement that they will work diligently to a resolution of all issues between them without proceeding to court.

Gillian J. Blomquist is a member of the Collaborative Law Institute of Minnesota and is dedicated to informed, practical, and dignified divorces.

PARENTING PLANS

Minnesota law allows parents to created a parenting plan to work together parenting their children apart. A parenting plan can include communication guidelines, agreements regarding children’s medical care, agreements regarding children’s education, transportation provisions, discipline agreements, and any other agreement that the parents believe is in their children’s best interest. A parenting plan can also govern parenting time including regular parenting, vacation parenting time, and holiday parenting time. A parenting plan can also clarify each parent’s role in the children’s lives and take the place of traditional custody labels.

mODIFICATION OF PARENTING TIME

Parenting time can be modified, sometimes multiple times, during a child’s minority to meet a child’s best interest. A parenting time schedule that was set when a child was young may not need their needs when they are teenagers. Most modifications of parenting time are governed by Minn. Stat. 518.175 and are determined based on the “best interest of the child” standard. Significant modifications of parenting time may require a showing of endangerment to make the requested change.

ESTATE PLANNING

After a divorce, or even if you were never married, single parents are in a unique position needing to protect their children in the unlikely event of their death or incapacity. An estate plan should include documents that protect children from inheriting assets too soon, name important trusted adults to facilitate administration of the estate or trust, name legal guardians for minors, and give important instructions to health care providers and asset managers. An estate plan does not have to be complicated, but it does have to be tailored to your individual needs and circumstances.