Minnesota residents who are getting a divorce should be careful to not comply with an estranged spouse’s unfair demands. It is especially important that they don’t agree to any demands before speaking with a divorce attorney.
Consider a hypothetical situation involving a couple who has been married for 18 years and has two children. The husband is employed, and the wife is requesting that the husband move out of their home so that an unmarried male acquaintance can move in. She also has other requests, such as alimony and half of the husband’s pension when he retires.
An attorney might advise the husband to make his leaving the home contingent on her agreement that another adult will not move in the for first two years afterwards. If she insists on his removal from the home and files a motion to have a judge order him to leave, the husband should request the appointment of a guardian ad litem. The GAL, who will represent the best interest of the children, is most likely to advise the court no other adult, besides the parents or other relatives, are to reside in the home or stay overnight for next couple of years.
An attorney may also advise the husband to careful of his behavior when engaging with his spouse. To avoid giving her a reason to obtain an order to have him removed from the premises, the husband should refrain from raising his voice and should immediately withdraw from any physical or verbal assault.
To avoid the missteps that could jeopardize the outcome of the divorce, individuals should speak with a family law attorney before agreeing to outlandish demands of a spouse. An attorney can advise a client whether those demands are fair or should be challenged.