What Are Some Important Questions To Discuss With Clients Before They Proceed With Divorce?
The most important question is: What are the goals of the client? Some spouses want to protect their assets, while other spouses want to make sure they have a fair amount of time with their children.
I ask clients about those goals, and I dig into whichever issue they said was essential to their goals. Important assets to consider are homes, retirement plans, vehicles, and other investments. Another important matter is the children and how to divide time between parents.
Parenting time schedules vary, but since the court encourages both parents’ involvement, an even split of time is usually encouraged. So, unless there is a credible allegation of child abuse, it’s challenging to limit a mom or dad’s parenting time beyond the statutory minimum of 25%.
Is There Any Benefit To Being First To File To Divorce In Minnesota?
When it comes to your legal rights, the answer is no. You get the same rights whether you file first or not. However, when it comes to the venue, the filing spouse chooses the location, and the responding spouse may only request to change it.
Unless the Respondent has an extremely persuasive reason to make the request, it usually is not granted. Divorce in Minnesota is no-fault. So, when you have one party making claims about a\]the other, it’s not going to get a leg up on the other party. Judges will give the Petitioner and the Respondent the same rights and each party has the same opportunity to make their case.
What Advice Would You Give To Someone Who Is In A Volatile Or Dangerous Situation And Intends To File For Divorce?
It’s important for an individual who is in a volatile (or violent) situation to file for an order for protection (OFP). You can get many protections under an order for protection. A hearing may be required if your spouse challenges the OFP Petition.
Many times OFPs are granted without a hearing. The accused will receive notice of the Order for Protection, and if an order is granted and not contested, the order stands. An OFP is valid for up to two years. OPFs can be renewed after two years if the court finds that there is still a need for the OFP.
During a divorce proceeding, with an OFP, there are many protections. You can get an order that limits the abuser’s ability to go near you. Orders for protection can ban the abuser from your home or your workplace, the OFP will help to ensure you are physically separated. For example: the parties will leave the room with a fair amount of time in between them and often police or security escort, are provided at the courthouse.
During mediation, or involvement of a neutral third-party, the spouses will be provided separate rooms. If there are children, the OFP can include temporary parenting time until the divorce is over. The child exchanges can be done in a neutral public place where it is safe. It depends on what fits the family. It’s good to have an order for protection. If you don’t feel safe I haven’t listed all the protections a victim receives with an order for protection, but I’ve listed most of the big ones.
For more information on Questions To Ask Prior To Divorce In MN, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (651) 796-3400 today.
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