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June 2016 Archives

When may a Minnesota court modify a child custody order?

Once a couple in Minnesota establishes a child custody order, each of them then moves on with their life, following the schedule set in the order. Yet lives change, sometimes unexpectedly. There may come a time when due to any multitude of reasons, a parent wants to modify an existing child custody order.

52.7 percent of marriages will end in divorce, study says

Many couples in Minnesota may wed with the idea that they will be with their partner until death. However, many factors can change an individual's life until they find that staying married with their partner is simply no longer feasible. In fact, the popular notion that about half of all marriages end in divorce has seen some recent support, at least according to one recent survey. Data from a survey preformed at the University of Maryland reports that, if current trends stay the same, 52.7 percent of marriages will end in divorce.

Property division in a divorce is not as simple as it might seem

Last week this blog covered the factors that Minnesota courts may consider when determining how to appropriately divide a couple's property in a divorce. However, not all couples need to go before a judge to have such decisions made. Sometimes they may be able to reach an out-of-court agreement regarding the division of assets, which could save them time and money, and may be less stressful than litigation.

What factors are considered when dividing property in Minnesota?

Couples getting a divorce may find that it is more complicated than they may have initially expected. Not only will decisions regarding child custody, spousal support and child support need to be made, but the couple will also have to divide their marital property -- that is, property gained during the course of the marriage or paid for with marital funds.

What is a Recognition of Parentage in Minnesota?

In Minnesota, when unmarried parents have a child, and later separate, it is important that legal parentage is established. One way to do this is to sign and file a Recognition of Parentage form. This form establishes a legal relationship between an unmarried biological father and his child. Both the father and the mother must sign the form. After that, the form is filed with the Office of Vital Records. Once this is done, the man is considered the child's father for legal purposes.

Parenting plans in Minnesota must meet statutory requirements

When parents decide to divorce, they must remember that they will remain just that -- parents -- with a shared interest in raising their child. For this reason, some parents may want to create a parenting plan out of court, instead of leaving the matter up to a judge, where they have the ability to work together to come up with an agreed upon child custody schedule. However, Minnesota Statutes dictate what factors such a plan must address.

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