Top Question – Minnesota Divorce and Property Division
During a Minnesota Divorce case, parties frequently have issues regarding the division (and proper valuation) of assets. Minnesota law requires an "equitable division" of assets (and the same applies to debts). The division is quite often something other than 50:50; there is no requirement that the division be precisely equal. [...]
Minnesota Divorce Update – Top Questions Regarding Asset and Debt Division.
In Minnesota Divorce cases, the division of assets and debts is a process that requires financial expertise and significant attention to detail. The division of assets and debts does not need to be mathematically equal, as addressed in Johns v. Johns, 354 N.W.2d 564, 566 (Minn. Ct. App. 1984). However, [...]
Top Divorce Issues – Hennepin County
Hennepin County, in particular, uses Alternative Dispute Resolution (ADR) processes in Divorce and Family Law cases including SENE to address Child Custody and Parenting Time and FENE to address Financial Issues including Child Support, Property Division, Tracing and Valuation Of Assets and Spousal Maintenance (Alimony). Your Divorce lawyer you should [...]
Top Minnesota Divorce Issue – Tracing Non-Marital Property
It is quite common for one spouse to own assets or property (Real Estate, Retirement Account, Pension, Investment Account, etc.) that is non-marital, either in part, or in whole. If an asset is both marital and non-marital, it is generally necessary to perform a non-marital tracing of the asset, performed [...]
Top Reasons To Use A CPA During A Divorce
The primary reasons to use a CPA during a Divorce includes: 1) to determine the present value of certain assets; 2) to perform non-marital tracing of retirement account assets such as a 401k or 403b, and 3) to prepare cash flow and tax scenarios. Present value calculations can be difficult, [...]
Family Law Top 3 SENE Issues – Child Custody
Social Early Neutral Evaluation (SENE) addresses Family Law issues involving a child or children. The 3 most important issues addressed during a typical SENE include 1) Physical Custody 2) Legal Custody 3) Parenting Time. In Hennepin County, and throughout the Twin Cities, SENE cases are usually handled by a team [...]
Minnesota Divorce – Top 5 FENE Issues – Financial
A Financial Early Neutral Evaluation, or FENE, is quite common during a Minnesota Divorce Case. Top issues during a FENE include 1) whether non-marital assets exist and need to be traced 2) the valuation of assets 3) property and asset division 4) spousal maintenance issues 5) debt division. An Actuary, [...]
Top Hennepin County Property Division Issues
In Minnesota Divorce cases, property can be both marital and non-marital (for example: real estate). If an asset is both marital and non-marital it is sometimes necessary to perform a neutral financial analysis (also referred to as forensic tracing) in order to determine the marital portion and the non-marital portion. With real estate, the financial analysis is [...]
Hennepin County Child Custody Overview
Under Minnesota law, there are two types of child custody. "Legal custody" refers to the right to make decisions about how to raise the child, including decisions about education, health care, religious training and certain activities. "Physical custody" refers to the right to make decisions about the routine day-to-day activities of the [...]
Hennepin County ENE
During Divorce and Family Law cases, there are two types of Early Neutral Evaluation (ENE) processes that are used by Family Court. Social Early Neutral Evaluation (SENE) relates to child custody and parenting time. SENE cases in Hennepin County are handled by a Court Services team consisting of one male [...]