In Minnesota, family laws help couples utilize litigation to achieve divorces, legal separation, and manage child custody. State laws dictate how the proceedings continue and how couples initiate their rights. A litigation attorney in New Ulm, MN helps couples and individuals who need to start a case.
Asset and Property Disagreements
In a divorce case, asset and property disagreements are likely. Couples don’t agree to the terms of marital property division in every case. For some, mediation is necessary to present a less hostile way to discuss grievances and separate the marital property.
Defining a Legal Separation
A legal separation requires the couple to separate their lives in the same way as a divorce. However, in a legal separation, the couple continues to enjoy the benefits of marriage. For example, some parties continue to provide healthcare coverage or share financial assets. The terms of the legal separation are often used when filing for a divorce.
Filing for Divorce
In Minnesota, all divorce cases must adhere to the no-fault guidelines. Essentially, the petitioner cannot use any fault-based grounds to get a divorce, and they cannot use the divorce grounds to get custody of their child.
Couples who cannot agree on child custody must attend a separate hearing and wait for the judge’s decision. If a risk to the child is present, the parent must utilize child protective services to substantiate any allegations against their former spouse. However, the Domestic Violence Act protects families if any party is a victim of domestic violence. Protection orders are issued and enforced.
A Failure to Comply with a Court Order
Post-divorce disputes typically arise when either party doesn’t comply with the court order. For example, if a former spouse doesn’t deliver an asset or comply with the terms of the divorce, the opposing party files a claim against them.
In Minnesota, divorces and legal separations require couples to adhere to no-fault laws. Neither party can use fault-based grounds or assign blame to the other party. However, domestic violence laws protect victims and help them acquire court assistance. Petitioners who need help can contact a litigation attorney in New Ulm, MN or visit Blatzlawminnesota.com for more information right now.
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