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Wright County Law Blog

Alimony may make transition to post-life divorce easier

Going through the divorce process can understandably be challenging from both a financial and an emotional standpoint. This is particularly true if your soon-to-be ex was the primary or sole breadwinner in your household during your marriage.

Fortunately, you may be able to take advantage of spousal support, also known as alimony, in Minnesota. You and your spouse may be able to come to an agreement about how much alimony you will receive. Otherwise, you can take the matter to court to resolve it.

A DUI conviction is not easy to shed

There are many ways in which a night of fun can end badly, especially if alcohol is involved. Alcohol tends to heighten people's emotions and lower their inhibitions, causing them to do things they might not do sober. For instance, you have probably been at bars or parties where people behave inappropriately or start fights after too much alcohol.

One common action people do after drinking is to get behind the wheel of a car. Without the influence of alcohol, you certainly know when you are unable to drive. You also know when to avoid dangerous situations. However, after a few drinks, you may not be thinking clearly, and this could lead to unimaginable problems.

Arbitration may help to avoid an arbitrary divorce process

The idea of going through the divorce process with your soon-to-be-ex may understandably be overwhelming, as you essentially have to figure out how to separate your intertwined finances and emotions. Having to go to trial to achieve this may only add stress to the situation since divorce litigation is hardly amicable.

Rather than going the trial route in Minnesota, you and your spouse may choose to take advantage of an alternative dispute resolution known as arbitration. This process is vastly different from the other alternative dispute resolution processes of mediation and collaboration.

Mediation, or structured negotiation, may make divorce easier

Divorce is never an easy process due to the emotional and financial challenges it involves. Your biggest fear may understandably be going through a long, wearisome battle with your future ex. Fortunately, not all divorce situations involve litigation.

The use of divorce mediation, also known as structured negotiation, is currently a rising trend. With mediation in Minnesota, you and your spouse can focus on settling your divorce-related disputes without further court intrusion. This process is oftentimes much more amicable than going to trial.

Share and share alike in divorce -- or not so much?

The whole, "What's mine is yours" mindset often vanishes soon after one spouse serves the other with divorce papers. No matter which end of the filing process you are on, divorce can be a real game-changer when it comes to sharing property and assets. Where once you may not have cared at all if your spouse withdrew money from a joint account to purchase a luxury item or provide a loan to a friend, you may vehemently oppose now if you're in the process of divorce.

Nine states in the nation automatically assume that a married couple jointly owns all marital assets in a divorce. If you lived in one of these states, you might not have much say as to whether your spouse should retain ownership of your vacation home, family vehicle, or even your house, for that matter. However, as a Minnesota resident, community property laws do not govern your divorce.

What do you need to do to use collaborative divorce?

When you and your spouse first married, you were more than likely deeply in love. For years, that may have been enough to keep you together -- until it wasn't. The two of you agree that you fell out of love and that your relationship reached its end. Neither of you hold any animosity toward the other, but you still have to go through the divorce process.

You decide that the traditional courtroom drama just isn't for you. You have no use for the adversarial and contentious atmosphere it can create, especially if you have children. You discovered that you could use the collaborative divorce process. From what you understand, this method provides a calmer and more amicable atmosphere, which appeals to you and your spouse, but you still have questions about it.

A drunk driving offense is not the end of the road for you

Facing criminal charges of any kind can be a daunting prospect, and a DWI is no exception. When your driving privileges are at stake and other consequences are possible, you know that it is important to act quickly and decisively to protect your rights and interests.

Minnesota laws take a strong stance against drunk driving, and even a first-time offense can bring a host of serious penalties to your life. If you are charged with a DWI, you would be wise to secure the help you need to effectively defend yourself, no matter your criminal history.

Smaller assets, debt could significantly impact property division

When you and your spouse had a happy marriage, you probably did not think twice about purchasing property together or titling assets in both of your names. When doing this, you created marital property that you each shared and of which you could each claim ownership. While this arrangement likely did not cause any issues during your marriage, you may find yourself dreading property division proceedings now that you have decided to divorce.

Because your residence in Minnesota means you live in an equitable division state, the court will likely decide how to divvy up the marital property shared between you and your spouse. During this part of the process, your arguments for why you should maintain ownership of certain assets could play a substantial role.

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