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Woodbury Family Law Blog

Children need special attention during child custody talks

During a marital breakup in Minnesota, it is common for parents to zero in on their own issues, including their battles with one another. As a result, they may not give their children the attention they need, which can make the divorce process that much more challenging for them. However, some tips may help parents to simplify the divorce and child custody situation for their children starting from day one.

At the beginning of the divorce proceeding, it is wise for the parents to speak with their child about why they are getting divorced. It is not necessary to divulge too many details about their marital issues. Rather, the parents may simply want to express that they have fallen out of love with each other but will still love the children. In addition, they may want to address any concerns the child has early on, like whether he or she will have to transfer to a brand-new school.

Summer may be a good time to plan for divorce

The busy summer season can unfortunately add stress to a marriage in Minnesota. For this reason, it is not uncommon for dissatisfied couples to begin exploring the possibility of divorce. Here are a couple of tips for navigating the beginning of a divorce proceeding during the summer months.

First, it is wise for people who are contemplating divorce to take stock of how many financial accounts and credit cards they have. In addition, they should determine what to do with their home and other valuable possessions. It is critical that they begin collecting information about their assets, as this information will prove helpful during the asset distribution process in the divorce proceeding.

Does your divorce need to be a bitter courtroom battle?

People get divorced because they can no longer live together. But if you and your spouse have children, you’ll most likely be stuck with each other even after the divorce. Adding a nasty courtroom battle to your list of conflicts isn’t always a great idea.

In Minnesota, the courts most often ask parents to resolve their custody concerns in mediation—or some other form of alternative dispute resolution (ADR)—before taking them to trial. Settling matters in ADR can help reduce future conflicts and set you on the path toward a better future. However, to make the most of ADR, you want to understand its advantages and how to approach the process effectively.

Focusing on child's emotions during child custody talks is wise

During the divorce process in Minnesota, two parents may be most concerned about how their children will cope with their marital breakup. For this reason, child custody can quickly become a bone of contention between them, and unfortunately, this can have an undesirable impact on the children's mental states and emotional well-being. However, they can take steps to protect their children's best interests emotionally once the divorce has been filed.

First, it is a wise move for parents who have gotten divorced to both spend as much time as possible with their children. Doing this is easier if the parents are not more than 20 minutes away from one another. If both parents are actively involved in the children's lives, the children may feel more stable emotionally. In addition, they can easily see both parents and still have time to spend with their friends.

Divorce not as common among millennials

According to research, millennials in Minnesota and other states are not divorcing as much as the previous generation did. This generation, consisting of people ages 22 to 37, has sparked a 24% reduction in rates of divorce since the early 1980s. Experts anticipate that this will keep happening over the course of the next few decades.

A major reason why millennials are not getting divorced as much today is that they feel apprehensive about going through the divorce process. Perhaps they watched their parents divorce years ago and are trying to avoid going through the same situation, which means they will not get married until they feel that their marriages will be stable. As a result, society is seeing more millennials cohabitating versus getting married and then living together right away.

Splitting retirement savings can be complicated during divorce

When you decide to dissolve your marital union, one of your chief concerns may be how to go about dividing your assets. Specifically, you may be worried about how to split your retirement savings, particularly if this is one of your biggest assets. Here is a look at how retirement assets are divided during the property division process in a Minnesota divorce proceeding.

Minnesota is an equitable distribution state. This means that any assets that you and your spouse have accumulated over the course of your marriage are considered to be marital property and must be split equitably, or fairly. Based on this principle, your assets will not automatically be split 50/50. Instead, they will be split in a manner that the court deems to be most appropriate based on who has contributed the most financially, for example.

Three steps to help foster a successful co-parenting experience

Parenting is filled with challenges, even in the best of circumstances. However, co-parenting after divorce can easily add to those challenges, especially if you and your ex-spouse have not yet recovered from the pain and frustration surrounding your divorce.

However, if you and your spouse have children, you may need to find a way to make co-parenting a successful experience for your kids. Sometimes this is easier said than done, but every step in the right direction helps. Three ways to help co-parenting be a success include keeping parental conflict from your children, finding a way to communicate with your ex and maintaining consistency.

Divorce impacts health, life insurance

Ending a marriage can be complex, as the process has not only emotional but also financial implications. In light of this, it is easy to forget to tackle some pretty basic items, such as health and life insurance. Nevertheless, being prepared for how these types of insurances will change following one's divorce in Minnesota is critical.

For starters, thanks to COBRA, those who get divorced but were under their spouses' employer-based medical insurance plans can stay under these plans for up to three years. This buys them time to secure their own insurance plan, but the downside is that COBRA coverage is costly. Still, with the Affordable Care Act, more insurance coverage options are available today and thus may be worth exploring first.

Thinking of moving out of state? Here's how it will affect custody

Life throws all kinds of curveballs our way. New opportunities arise, and we want to share those opportunities with our family. For parents who are divorced, taking advantage of prospects out of state can be complicated. Many people in our region move back and forth between Minnesota and Wisconsin, putting both state's laws at play.

For parents thinking of relocating their child from one state to another, here is what you need to know:

Deciding what to do with the family home in a divorce

In most Minnesota divorces, the family home falls under the category of marital property. This means it is to be equitably divided. There are three main ways this can be handled:

  • The home can be sold, with each spouse getting a fair portion of the proceeds
  • One spouse can keep the home, paying the other a fair buyout price in exchange for full ownership
  • The two spouses can continue jointly owning the home

Contact us To find out why our family law approach is right for you.

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