Minnesota Divorce, Child Custody, and Family Law Attorneys and Lawyers Discuss Child Custody in Minnesota

Cundy and Martin is a family law and immigration firm located in Bloomington, MN.  952-746-4111.

When filing for divorce in Minnesota, there are two types of custody determinations that must be made in all divorce and paternity proceedings.  Child custody in Minnesota also involves issues of child support.  This area of law generally falls under the heading of Family law and is handled through the Family Court.

The first type is legal custody, which consists of decision making with respect to extraordinary health, education, and religious issues involving the children. Therefore, if the parents are granted joint legal custody, they generally share the decision making responsibilities with respect to these issues.

The second type of custody is physical custody, which refers to the location where the children will reside. The parent with primary physical custody will have the children primarily residing with him or her and will make the daily parenting decisions as to when the children eat, do their homework, take a bath, and go to bed.

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In making decisions regarding legal and physical custody, the Courts in Minnesota will consider the best interests of the children. It is presumed that joint legal custody is in the best interests of the children. However, judges are more reluctant to award joint physical custody absent an agreement between the parents that such an arrangement is in the best interest of their children.

Once custody is decided by agreement of the parties or Order of the Court, it is difficult to change. To modify an existing custody order, the parent requesting the modification must identify and prove a change in circumstances that endangers the child’s physical or emotional health. Alternatively, the person requesting a modification must prove that the custody schedule has been modified by agreement of the parties and that the children are now living with the noncustodial parent and have been integrated into the home of that parent. In that instance, the noncustodial parent may apply for a formal change in the previously ordered custodial arrangement.

Custody disputes and change of custody requests are very emotional and can become very costly for both parents. The possible ill effects on the children must always be considered any time custody becomes an issue. It is therefore very important to consult with an experienced family law attorney who can protect your interests and represent you zealously during this very trying time in your life and the lives of your children.

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Sometimes during the divorce process a spouse can take on immoral practices (e.g., hiding money from their partner). This can be done for a number of reasons, whether the spouse is trying to guard his own money, or simply trying to make sure his partner suffers financial loss as some form or humiliation. Whatever the reason, sometimes a spouse has to take it into their own hands to ensure they are getting everything they are entitled to.

This is where forensic accounting comes in. A forensic accountant can look into financial practices of your soon to be ex-spouse and see how much money he makes and how much money he spends (or at least claims to spend) and sees if it all adds up with the share you are being given. Essentially, a forensic accountant can work together with your attorney to make sure you are not being cheated out of your fair share of money.

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It would definitely be a good idea to consult a divorce attorney before hiring a forensic accountant. The accountant normally does not work by himself, but usually works with your attorney as a team, so that they can coordinate what they are looking for and interpret what they have found. Remember, your attorney will make sure that your interests are always represented during the divorce process, especially if the matter goes to court.

A survey by British online bank Cahoot.com found that about 75% of women admitted to hiding money, compared with 53% of men. It’s about the fact that both genders hide money from their mates, and how you can tell, and when you should care, if it happens to be your partner.

You may have difficulty finding items or getting the proof you need to show your spouse is hiding assets. A Forensic Accountant can help.  For more information and to recieve a free report, visit Divorce Ammo.

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It’s almost mind boggling how many spouses rely on their significant other to do the taxes. Most of them don’t even look at them. They just want to know the bottom line and where to sign. Check your tax return. Do the numbers correspond to what you’ve earned, spent and saved? Do the 1099s seem to be in order? Interest and dividends are reported there, along with the names of the financial institutions. Make sure you know where your assets are invested and where the accounts are kept.

I have seen a spouse pay significant income taxes, often when the payment greatly exceeds the actual income tax debt. After the divorce is over, then an amended return is filed along with a request for a refund of the over payment. In this way cash that would normally have been divided between the spouses was used for income tax payments, and the refund is not shared.

Another trick, especially for a spouse who manages property or a business, is to take steps to devalue the property over time, so that when it comes to allocate the value of the asset, the managing spouse gets the benefit of the lower value. This may include allowing rental property to remain vacant or in disrepair. Another example is to contact a business’ customers to defer payments of accounts receivable until after the divorce is finalized. Then when the accounts are finally paid, the managing spouse gets the benefit of the cash, and also the increased value of the business now with current accounts.

Income tax returns are the first place to look for possible clues as to the existence of undisclosed assets. They provide the road map to the discovery of income earning assets and asset sales. Typically, the tax return should also describe the source of all income, whether it be rents received from rental property, interest on a bank account, dividends on stocks, gain or loss on the sale of stock, and the like. In reviewing the tax returns, the attached schedules are far more important than the summary entries on the first two pages. In any event, each page of the tax return should be carefully reviewed. You can get a report at Divorce Ammo.

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When it comes to the Court Room, you will find this to be a pretty place.  Once the divorce proceedings begin, the outcome of your divorce is in the hands of a total stranger – the Judge.  You no longer have control. All decisions will now be made by a stranger. Of course this stranger may be having a bad day, not feeling well, or even have had a major fight with their spouse the night before.   I know it’s scary and may even seem unfair, but this is the real world and it happens all the time. This judge is now in control of the outcome of your trial.

Here are a few tips to help prepare you for the Court Room experience:

First, I strongly recommend you try to settle as many issues as possible before entering the Court Room.  This means the judge won’t be in control of everything.
Do not expect the Judge will always make decisions in your favor. There are three directions the judge can go when making a decision: Your way, your spouse’s way, or the Judge’s way. As you can see, two out three are not in your favor.

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Discuss how you should act, and when to speak with you attorney before going into the courtroom. Do not speak unless asked to do so by the Judge.
When addressing the Judge with respect by addressing him/her as “Your Honor.”
Never speak to or make comments to your spouse when you are before the Judge.
Leave all hostile and negative emotions at the door. Do not make faces or gestures when the judge or your spouse’s attorney is speaking. Judges see this and do not appreciate it.
Dress for success. Your attorney will have a certain strategy on how he/she wants you to be portrayed. Therefore, consult your attorney on how he/she wants you to dress.
Take notes. Don’t leave anything to chance. Your attorney will be very busy during the process and cannot remember or write everything down.
Be prepared and stay organized. Bring as much information, documentation and any pertinent documents that you possibly can with you. It is better to have too much ammunition than not enough.
Be prepared to be in the court house for some time. You will sometimes wait for hours before your case is called.

You can get more divorce tips and strategies at www.DivorceAmmo.com

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Regardless of the type of divorce process you choose to use, it is important to identify your marital estate. The marital estate is defined by the South Carolina Equitable Apportionment Statute and generally comprises all assets and debts acquired by either party during the marriage, regardless of title. As you can guess, there are numerous exceptions to this rule, so discuss this issue carefully with your attorney. For starters, however, you should begin to gather the following information, regardless of how it was obtained or who obtained it, as long as it was obtained during the marriage. Gather information on an asset used during the marriage, regardless of when it was obtained.

An example of an “asset” would be your residence, a car, a boat, a valuable piece of artwork, a retirement account, or an investment account. An asset is anything that is worth money! Don’t worry about loans on the assets (such as your mortgage or a car loan), because you will be listing all of these debts separately. The result will be your “net” marital estate.

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Here is a brief checklist to help guide you with this process. It is by no means a comprehensive list, so anticipate that your attorney will need more information, but it is a good starting place.

Income/ Assets:

• Income tax returns for the previous five years

• Retirement account statements; one from the date of marriage, one current.

• Estimated valuation of all real estate acquired during the marriage

• Estimated value of the marital residence, if owned

• Statements from current investment accounts

• Statements from college savings accounts for minor children

• Estimated (Blue Book) value of all automobiles

• Itemization of all valuable artwork, jewelry, etc. with estimate of values

• Copies of all trusts

• Copies of all whole life insurance policies or annuities

• Recent statements from whole life and annuity policies

• Copies of all corporate papers; Sub S Corp’s, LLC’s etc.

Debts

• Current credit card statements

• Current mortgage balances (1st, 2nd, 3rd, etc….)

• Automobile loans

• Promissory notes

• Student loans

• Secured loans

• Other debts and obligations (unsecured)

In complicated cases, a financial professional is helpful to assist in establishing the value of the marital estate. In the more straightforward cases, you and your lawyer can establish the values using and Excell or Numbers spreadsheet, or just a pencil and paper!

The bottom line is that you want to identify everything that was obtained during the marriage, or used as marital property during the marriage regardless of how it was obtained.

HOT TIP: You will also want to have this information very well organized for your attorney or financial professional. You pay these people by the hour, so the less time they need to spend organizing your financial matters, the less money you will pay for this service!

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Divorce can be a traumatic experience for your children. No matter how old they are, the divorce will be hard for them to understand and eventually to accept. Some children in fact harbor hopes that their parents will get back together even after several years of living apart.

Many children feel that they are the ones at fault when their parents break up. Although this may seem illogical to adults, children can find associations in the most incongruous of things. As often attested by revelations during therapy, children often feel that they could have done something to prevent the break-up in the family. There are those “what ifs” and “could have beens.” If they were good and obedient children, would they have prevented the split? If they did not get into trouble in school, would their parents stay together?

One of the crucial moments that parents should take note of and prepare themselves is the way that they will break the news to their children. Although explaining it properly will not necessarily lessen the pain of knowing that their parents will be splitting up but at least a proper explanation will help prevent misunderstandings especially in what caused the break up in the first place.

Remember that young children are very impressionable. Everything that you do, whether you want them to see or not, can mean something. It is important that you tell them what’s going on to avoid misrepresentations.

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Divorce is a traumatic experience as it is without asking the children to choose sides. This will put them right in the middle of marital trouble. This is not fair because the kids are not really part of the problems that you and your partner are having. Pressuring them to judge who is right and wrong can worsen the trauma that they will be experiencing.

Still, during custody battles, choosing sides cannot be avoided. Although in some cases, especially if the children are a bit older, they are asked to choose which parents they would rather live with.

Remember that whatever happens, your partner is still a part of their lives, someone who they need to respect and love. Whatever troubles that you have in your relationship should not affect the children in any way. As long as your partner is doing his best to provide for the kids and is a good father, there is no need for them to know what a rotten person he can be sometimes.

Although your children will not necessarily understand completely what is going on, there is no need to create fantastical explanations. Just tell them the truth, that you are going to start living apart and they may have to live with each of you separately or live with one parent for the rest of their lives.

Consider their feelings and try to talk to them about it Divorce can be painful for the couple as they are the ones directly involved but you must remember that kids are very vulnerable and they are not as resilient as adults.

It is not enough that you tell them what’s going on. You also have to ask them what their feelings are about what happened. This way, you are able to address their fears and insecurities right then and there.

As mentioned before, kids often feel that it is their fault that their parents are breaking up. You have to reassure them that this is not true and they were not in any way at fault.

Children will have questions about what happened. They might not be able to verbalize it just yet but they will eventually reveal what bothers them about the situation. Encourage them to come and talk to you if they have additional questions. Tell them that it’s ok for them to tell you how they feel and they will be very much welcome to ask you anything they want. Keeping the communications line open will help ease the tension and clear up a lot of potential sources of misunderstandings.

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When a couple gets a legal separation, it is a lot like a divorce.  It will involve the same process of filing papers with the court to start a legal action. The court will then have to make the decisions about where the children will live, debts, and assets in a divorce.  At the end of the process, the parties are legally separated instead of being actually divorced.  This means that they are still married but not responsible for each other and what the other party does.

A legal separation is the best thing to do in the last stages of couples not getting along.  It can be a way of taking a break and finding out what each party wants.  There is no reason to rush into getting divorce for some people and it is a decision that has to be well thought out just as the marriage should have been.  

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Sometimes when people are on a legal separation, they will try and work things out.  However, there are some cases, where it will not work and the parties’ involved want to get a divorce.  One year after the legal separation is granted, one of the parties can petition to convert the separation to a divorce.  They can do this without further hearings and the other party cannot prevent it from happening.  People will sometimes prefer the separation instead of a divorce because of their religious beliefs or for insurance purposes.

If the party then decides to get a divorce, it will terminate their marriage.  In order to do that, parties involved will go to court and decide how to handle questions of the children and how to divide their marital property.  Each party is going to be responsible for one half of the marital debts.  

Marital property is anything that the couple bought while they were married.  It does not matter whose name the property is in or who actually purchased it.  Bank accounts, pensions, and stocks are marital property even if they are held in one name only.  Property brought into the marriage is still marital depending on the length of the marriage and what type of property it is.  The court will be as fair as it can and sometimes the parties involved will make the right choices about being fair in the divorce.  

It is always a good thing when a couple can make the appropriate decisions about how things should be split up before actually going to court.  Both parties should have attorneys and this will help things progress along without having to worry about any legalities.  This is the best way to protect each party’s assets and to make sure that the proceedings are fair.  

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It seems cruel that amid all the emotional struggles a divorce brings with it, money has to be such a tremendous burden and source of added anxiety. Divorces have many costs, some more tangible than others. This is an article about the tangible toll that a failed marriage has and tips on what to expect and how to cope.

From the reallocation of property and debt to child support to taxes to retirement planning, there are a slew of financial issues that are intertwined with most divorces. Chances are you and your spouse share a lot of assets, from furniture to stocks to pets! You might even have a sentimental attachment to some of them. Unless the two of you agree on how to divide all the property up, you might have to brush off on your bartering skills. Some parting couples even opt to sell all the property at once and divide the profits.

While that comfortable sofa and antique dresser might be in demand, the debt you two shared certainly won’t be. A joint credit report deserves a good look as you and your lawyer(s) determine what’s fair. As you distribute the debt, try to cap off whatever debt you currently have. Divorce is expensive and you want to deflate the financial burden as much as you can today. Again, more bartering may be in order here. Take on more debt in exchange for more assets, or vice versa. If you have an open mind and cooperate, you’ll likely come to a fair divorce settlement. It’s not unusual for a divorcing couple to split the debt  right down the middle.

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Surprisingly, you’re going to have some new tax issues to think about too. If you have dependents, which person will get that tax exemption from now on? Many other tax exemptions and deductibles that you probably took for granted as a married couple will need to be reevaluated after a divorce.

Not to mention, child support and alimony! These issues are highly variable and personable but they are going to be big ones if you and your former spouse have children together.  

Men sometimes have great financial difficulties affording child support, but statistics show it’s newly single mothers that have the most money problems. This is especially evident when a woman must suddenly afford childcare or is swept into a new work environment; kids typically must adjust to a lower standard of living, just like their parents, after a divorce.

An entire family structure gets disrupted during a divorce and that has not only an effect on the personal relationships, but on the overall economic situation of all involved. And these financial issues are deep and complex and have enduring effects.

The best advice for you, the soon-to-be-divorced, is to remind yourself the financial turmoil is only temporary and it can be dealt with the most adequately if you can keep your cool and think practically. While it’s tempting, dividing up property and debt is probably not a time for vengeance or proving a point. The divorce will go quicker and more amicably if you try to stay as calm and rational as possible!

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