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Wright County Law Blog

Divorce and your children: How can you best protect them?

Life isn't always easy; in fact, sometimes, extenuating circumstances cause a lot of emotional, financial or even physical turmoil. If you're one of many Minnesota parents currently preparing to divorce, you are likely worried about how your decision to end your marriage might affect your kids. Here's the good news: Children are typically highly resilient and adaptable.

That doesn't necessarily mean it will be smooth sailing the whole way through, though. In much the same way that you need to stay organized and engage support systems when needed to juggle the responsibilities, or work and home life, for instance, you can do the same thing during and after divorce proceedings. There are legal protections already in place to support your children, and, as their parent, you can keep close watch on how they're doing, emotionally.

Proof: An important element in determining separate property

You and your spouse make the difficult decision to divorce. You do not have children, but you have acquired substantial property during your marriage, and you worry about how a Minnesota judge will oversee the property split when your divorce finalizes.

Minnesota operates under the laws of equitable distribution. These laws help determine whether property constitutes marital or separate, and how the marital property will face distribution. Rather than splitting property directly in half, the court will determine a fair distribution of your assets.

More Minnesotans can challenge DWI test-refusal convictions

While motorists pulled over by a cop for accusations of driving while impaired have the right to refuse a breath, blood or urine test, few have gotten little benefits out of it. Many Minnesotans have ended up in jail with the chemical test refusal being a part of their conviction despite other states having a more lenient approach to the matter.

However, that could all change thanks to a recent ruling from the Minnesota Supreme Court. This ruling could allow those who face or already have DWI convictions to have more freedom in challenging a conviction for refusing the chemical test.

New Minnesota law extends DWI restrictions to recreation vehicles

During the winter in early 2018, 8-year old Alan Geisenkoetter Jr. was struck and killed by a snowmobiler as he waited on a lake to go ice fishing with his father. The driver of the snowmobile had his driver’s license revoked due to multiple DWI offenses.

Since the driver’s previous DWI incidents occurred while driving a car, he still had driving privileges for snowmobiles, motor boats and ATVs. Now a new Minnesota law that went in effect on August 1, 2018, closes the loophole that allowed people to continue to operate off-road vehicles after losing their license due to driving while intoxicated.

Can you balance work and motherhood? Of course.

Your family is important to you but things maybe have not been as smooth with your spouse lately. You might be thinking about getting a divorce, but there are a lot of concerns you might have, still. The first is how you can continue to provide for your family without your spouse’s income.

Divorce is a major change and can affect all aspects of your life. You may need to go back to work to provide for yourself and your family, but this is another huge change. Can you balance working and being a good mother to your children? The answer is yes. With organization and support you can balance work and motherhood with ease.

How the courts determine alimony in Minnesota

Alimony, also referred to as spousal support, obligates one spouse to provide some amount of financial support to the other during or after divorce. Especially if you’re divorcing later in life, these orders may make a huge difference in your financial welfare.

Alimony orders may be temporary, short-term, long-term or permanent. While some states have specific formulas to calculate alimony payments, Minnesota courts determine alimony by making a series of considerations.

Is divorce education class mandatory in Minnesota?

For divorcing parents who have children together and cannot agree on custody or parenting time, also known as visitation, Minnesota law requires the parents to attend a certified divorce education program. Children may also attend a class or be ordered to do so by a judge.

There are 25 minimum requirements that these divorce education classes must include in order to meet the standards set by Minnesota Statute 518.157. Just a few of the things attendees will learn about, include:

Assets you might forget to add to your list

You and your spouse have worked hard to build a comfortable life. You have investments, properties and loving children. You still remember the day that you got married. It was a gorgeous day full of emotions and hope. Now, the two of you have come to a point in your lives where things just aren't working. You are going to file for divorce.

What should you do if your child faces drug charges?

Sadly, teens and young adults are one of the prime age groups for drug use. They suffer from several factors working against them, such as peer pressure and the nature of their still-developing brain. Many teens will encounter drugs for the first time within their friend group or at college.

If you have a teen or college student, there's a chance that you could one day receive a frightening call. Your child may be in jail awaiting a trial for a drug crime. How you respond to this situation can make a difference for your child's future.

Gray divorce can come with financial pitfalls

Divorce can come at any time in life. Some couples divorce in their 20s or 30s. Others divorce in their 50s. When a couple gets divorced after age 50, it is popularly called a gray divorce. In the past several years, the incidence of gray divorce has rocketed. As its rate climbs, many people are realizing that it can some with some serious financial pitfalls.

Divorce nearly always takes a major toll on a couple's finances. This is true of divorce at every age, but gray divorce can be particularly damaging. It is important for anyone who is going through a gray divorce to be aware of the financial pitfalls and to prepare accordingly.

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