On behalf of Kathleen M. Newman & Associates, P.A. posted in Divorce on Thursday, May 17, 2012
Once the realization sets in that it will not be possible to reconcile the differences separating spouse in a marriage, it would seem that the path to a final divorce decree should be clear. This is sometimes the case. Both spouses may be prepared to act in good faith to move the process through the necessary steps, providing the necessary information and documents to allow for a timely scheduling of actions required to complete the process.
Unfortunately in some cases, one side or the other intentionally drags out the process. This can be a result of resentments that carry over from the breakdown of the relationship, or a last attempt by one spouse to exert some measure of control over the other. While the process does take time and should not be rushed, delaying in bad faith does not serve anyone's interest in moving on with their life as an independent person.
On behalf of Kathleen M. Newman & Associates, P.A. posted in Family Law on Monday, May 14, 2012
Traditionally in Minnesota and across the country, it was nearly always the husband who would end up paying alimony after a divorce, now known as spousal maintenance, to his ex-wife. This was a reflection of the demographic and cultural norms of the last few decades. The traditional family with a stay-at-home mother and full time working father can still be found in the Twin Cities. But dual income families are much more commonplace than they were in the past.
As progress continues in reducing the inequity between the incomes of male and female workers, it is not uncommon for a wife to earn more than her husband. This can lead to a reversal of the traditional notion of an ex-husband paying an ex-wife spousal support. An increasing number of divorces involving spousal support involve the husband receiving the support.
On behalf of Kathleen M. Newman & Associates, P.A. posted in Child Custody on Thursday, May 10, 2012
All eyes in Minnesota have been focused on the legislature for the last few days. But while those eyes have been trained on the progress of potential state funding for a new Vikings Stadium, another bill has quietly passed both the state house and senate chambers. The child custody reform bill is now before Governor Dayton awaiting his signature.
The bill, if passed, would amend state law to increase the default percentage of custodial time each parent is granted with the child. Under current law, the presumption is that a child will spend at least 25 percent of their time with each parent. The new proposal would increase that amount to 35 percent.
On behalf of Kathleen M. Newman & Associates, P.A. posted in Divorce on Monday, May 7, 2012
Many married couples in Minneapolis and St. Paul can benefit from couples counseling. It can be invaluable to learn better ways to understand each other and communicate effectively. But traditionally 'marriage counseling' had the singular goal of maintaining the marital relationship. For some couples, staying in the marriage is just not the best option. So even if these couples entered into marriage counseling, it would only be after that style of therapy 'failed' that they could pursue the best possible outcome, an end to the marital relationship.
There is a new style of counseling that is being pioneered by professors at the University of Minnesota. This therapy, referred to as 'discernment counseling,' explicitly helps couples determine whether it is better for them to try to salvage the marriage or consider a divorce.
On behalf of Kathleen M. Newman & Associates, P.A. posted in Divorce on Friday, May 4, 2012
In an ideal situation, each spouse entering into a divorce would provide a comprehensive tally of all their assets. This includes retirement, brokerage and other financial accounts, as well as any other property of value. But there are those times when a spouse fails to disclose a business interest, a horde of cash, or some other asset. Other times a spouse may misstate the value of some asset. Research indicates that more than 30 percent of people who have combined their assets with their spouse admit to having been deceptive about money. Of these, more than half admit to having hidden assets.
In Minnesota, spouses must fully disclose all of their income, assets and debts acquired during the marriage. When these are not all fully disclosed in discovery there may be a need to investigate to identify hidden assets. In the modern world where almost every bit of information is digitized, electronic discovery plays an increasingly important role in this investigation process.
On behalf of Kathleen M. Newman & Associates, P.A. posted in Divorce on Tuesday, May 1, 2012
In recent decades there has been a trend towards people waiting until later in life to get married. Despite this trend, a majority of marriages involve individuals younger than 30. But the married life for couple's in their twenties can be very challenging. Both spouses are likely just getting started in their professions and may have significant professional demands placed upon them, maybe even a need to relocate. Additionally, as people move through this first decade of adulthood, they may find that they are still in a period or radical personal development.
All of these factors can lead a spouse to reconsider their youthful marriage and explore whether a divorce may be appropriate. When a person maries at a relatively young age, and then has a short term marriage, they may find themselves newly single at an age when many people have not yet even begun to consider marriage.
On behalf of Kathleen M. Newman & Associates, P.A. posted in Divorce on Friday, April 27, 2012
Many parents who are going through the divorce process are concerned about how their children will handle the transition. It can be an emotionally confusing process for children as parents walk the fine line between openly communicating with their children about what is going on and protecting them from being exposed to acrimony that may exist between the parents.
One novel approach to providing children a means of acknowledging the change that the family is undergoing, in a more controlled manner, is a divorce ceremony. A divorce ceremony is not a celebratory event like the 'divorce parties' that have recently become popular. But rather a way to establish the new structure that will make up the family for the child.
On behalf of Kathleen M. Newman & Associates, P.A. posted in Divorce on Wednesday, April 25, 2012
In order to determine an equitable division of property during a divorce, each financial account must be identified and taken into consideration. Once the accounts are identified and a final determination is made as to how they are to be divided, it is generally fairly straightforward to split, liquidate, or transfer the assets in the account as appropriate. But not all financial accounts can be as easily split or transferred.
Other than their primary home, retirement accounts are likely the largest set of assets that most couples have when they consider property division in a divorce. Retirement accounts require a more formal process to change the beneficiary to an alternate payee. In order to change to establish an alternate payee for a retirement account, the plan administrator must be provided with a document from the court. This document is known as a Qualified Domestic Relations Order, more often know by its acronym QDRO (pronounced 'quadro').
On behalf of Kathleen M. Newman & Associates, P.A. posted in Child Custody on Thursday, April 19, 2012
It used to be the case that video teleconferencing was merely science fiction, or at the very least a very expensive option requiring specialized cameras, hardware and software. But today, plugging a webcam into your home computer, or simply using the built in capabilities of many laptop computers and smart phones, video teleconferencing is relatively cheap and easy. This democratization of technology means that parents and children who live far apart, can stay in touch through what is commonly referred to as virtual visitation.
To foster a healthy relationship with a child after divorce, having actual meaningful time with your child as part of you your parenting time plan is vital. But sometimes it is not practical that the visitation can be as frequent as anyone would like because of geographic considerations. In those cases virtual visitation may be an option to augment the physical parenting time of the non custodial parent.
On behalf of Kathleen M. Newman & Associates, P.A. posted in Child Custody on Tuesday, April 17, 2012
As you may know, Minnesota courts recognize two distinct aspects of child custody. There is legal custody which entails making major life decisions on behalf of the child, and physical custody which determines with which parent the child actually lives. Often court will grant joint legal custody to both parents while awarding primary physical custody to one parent or the other. This determination, like all child custody determinations, turns on the courts understanding of what is in the best interest of the child.
Currently Minnesota statutes provide that in the absence of evidence to the contrary, each parent is entitled to receive at least 25 percent of the parenting time for the child. A new proposal seeks to increase this to 40 percent. While this would have obvious ramification for the respective amounts of parenting time for with each parent, it could also have an impact on the amounts of child support payments.