Anoka Divorce Law Blog

Making the decision to divorce

On behalf of Marvin Law Office, L.L.C. posted in Divorce on Friday, October 20, 2017.

People in Minnesota who are struggling with whether to get a divorce might wonder how they will make the right decision. In some cases, a situation becomes so difficult that a divorce seems necessary. In other cases, it takes a person time to realize just how bad the situation has become.

For example, a spouse who is addicted to alcohol might be arrested several times for driving under the influence. The spouse may agree to go into treatment after the arrests but might not stay sober. After this happens several times, a person may decide that despite still loving the spouse, it is time for a divorce.

Child support leading cause of wage garnishments

On behalf of Marvin Law Office, L.L.C. posted in Family Law on Monday, October 16, 2017.

Many Minnesota workers have their wages garnished because they have fallen behind on their child support or student loan payments. A study that was conducted into wage garnishment and that was based on 2016 payroll data sheds light on its primary causes.

According to the ADP Research Institute, 7 percent of Americans have their wages garnished. The percentages vary widely across industries and age groups. For example, 26 percent of men between the ages of 35 and 55 who work in Midwestern large manufacturing companies have their wages garnished, and many of them have at least two garnishments from their checks. Of those with garnishments, 71 percent are men.

Why gray divorce comes with a heavy cost for some

On behalf of Marvin Law Office, L.L.C. posted in Divorce on Tuesday, October 3, 2017.

There are many costs associated with getting divorced regardless of a Minnesota couple's age. However, it may be harder for those who are 50 and over to recover from the end of their marriage. For many people in that age group, it may be harder to increase their earning potential or find meaningful employment. On average, a divorce can cost between $25,000 and $50,000 if the split is amicable.

In one scenario, a couple spent over $200,000 in legal fees involving a $1.5 million estate. Although older couples generally don't have children, they often need as much as they can out of a divorce to maintain their standard of living. Therefore, it may take longer to end their marriages, and that can lead to higher legal fees. In some cases, emotion can lead a person to make what turn out to be poor choices.

Combining romance and realism: The pros of prenups

On behalf of Marvin Law Office, L.L.C. posted in blog on Monday, October 2, 2017.

You're about to enter the world of matrimonial bliss when your soon-to-be spouse broaches the subject of a prenuptial agreement. A prenup?! You may feel shocked, you may feel insulted and you may feel hurt…But here are some reasons that, perhaps, you shouldn't. Instead, you may want to view this as one of the most romantic gifts your soon-to-be-spouse has ever given you.

When prepared properly with a positive attitude, a prenuptial agreement can actually enhance your relationship. How? Well, for starters, consider it in terms of establishing protections for your loved one in a potential future worst-case scenario (even if that scenario is the two of you in a fight). A prenup is a chance for you and your fiancé to make decisions at a point when your relationship is at its most loving, to plan for a secure future for both of you; and that's just for starters.

Getting the most from assets in a divorce

On behalf of Marvin Law Office, L.L.C. posted in Divorce on Tuesday, September 26, 2017.

For Minnesota estranged couples, divorce may be an emotional time. It can also be a time in which many financial mistakes are made. An individual going through divorce may be best served by having both an attorney and a financial planner to help with financial decisions related to the end of a marriage. However, individuals can help themselves by learning as much about the financial implications of a divorce as possible.

For instance, understanding the costs of retaining the family home may make an individual less likely to want it in a divorce settlement. While retaining a home means not having to move, it may also mean paying maintenance and other costs that are not affordable on one income.

Bartenders face higher divorce risk, study shows

On behalf of Marvin Law Office, L.L.C. posted in Divorce on Friday, September 22, 2017.

For people in Minnesota and across the United States, it can be true that a person's job can play a role in whether or not they get a divorce. Professions like scientists, medical professionals, software developers and, especially, actuaries have the lowest rates of divorce, according to statistics collected from the 2015 American Community Survey.

While these professions are often strongly correlated with job security and an efficient, planned lifestyle, they are also well-paying jobs that provide substantial income. Conflicts over money and spending can be a major source of discontent in a marriage, and financial pressure can put extra stress on couples generally. A higher income overall can help to prevent finances from ever reaching an emergency situation, soothing financial worries and strain on the marriage. On average, people in professions with higher annual incomes tend to also have fewer divorces.

How to succeed at parenting after the divorce

On behalf of Marvin Law Office, L.L.C. posted in Family Law on Monday, September 18, 2017.

As many Minnesota estranged couples know, parenting does not stop after a divorce, but it can become more challenging. There are some things, however, that parents can do to ensure that their children find constancy and stability even when they are splitting their time between two homes.

As part of the negotiations to reach a settlement regarding family law matters, parents should meet and discuss the rules they expect their children to follow in both homes. While it may be easier for each parent to set their own rules in their own homes for many things, this can result in confused children who might not know when they are acting inappropriately. Setting up common rules will also provide children with a sense of structure, even when they go from home to home. During these negotiations, the parents might also use the services of a mediator, particularly if they are having trouble coming to an agreement. A mediator can offer a neutral perspective and lessen the tension between the parents.

Advantages of shared parenting after divorce

On behalf of Marvin Law Office, L.L.C. posted in Child Custody on Wednesday, September 6, 2017.

When a Minnesota couple with young children get divorced, they and their children might benefit from a shared parenting arrangement. While mothers still get physical custody of children in a majority of cases where the judge is making the decision, the balance is shifting toward a more equitable arrangement. In countries such as Sweden, shared parenting is commonplace while some states, including Kentucky and Missouri, have passed legislation to encourage shared parenting. A number of other states are considering similar legislation.

Research has shown that children do better in joint custody arrangements. Studies were presented in support of shared parenting after divorce at the 2017 International Conference on Shared Parenting in Boston, and research published by the American Psychological Association even supports shared parenting when children are very young.

Want to avoid a divorce trial? Try an alternative option

On behalf of Marvin Law Office, L.L.C. posted in blog on Thursday, August 31, 2017.

The idea of going through the divorce process is painful enough without also having to worry about any potential tension and conflict between you and your soon-to-be ex-spouse. Perhaps you will have some heated squabbles about who will get to keep the furniture, or maybe you will not see eye to eye on how to address alimony.

In some divorce cases in Minnesota, couples simply cannot agree on many of the aspects involved and they end up relying on judges to address their divorce issues for them. However, this does not have to be you and your spouse's situation. Alternative dispute resolution may be helpful for getting through the divorce process as peacefully as possible.

How to be successful at co-parenting

On behalf of Marvin Law Office, L.L.C. posted in Divorce on Thursday, August 31, 2017.

Some divorced Minnesota parents of young children might find themselves co-parenting with an ex-spouse who might not be the ideal partner. However, successful co-parenting is possible, even when an ex exhibits certain behaviors that might seem toxic. As long as the ex's behavior does not put the children at risk, there are some things people can do to succeed.

The first thing a parent should remember is that, even after the divorce, the children's needs, well-being and stability should be the guiding principles. When an ex's behavior is volatile and sometimes outright hostile, the other parent should attempt to keep all communication between them focused on the children. Even if the other parent attempts to bring up unresolved issues from the failed relationship, it is important to attempt to maneuver the conversation back to the children. Similarly, successful co-parenting is more possible when parents know what should be shared about their own life with their ex. There have to be clearly drawn lines in order to keep the communication as peaceful as possible.