Otsego Minnesota Legal Blog

2 tips for negotiating property division in divorce

If you are getting ready to file for divorce in Otsego, you might think you have things all figured out. You have ideas about how much you believe your spouse pay for child and spousal support and know what property and assets you want to receive. What you might not realize is that divorce is a negotiation process. There is nothing wrong with you having a list of expectations. But if you are not prepared to negotiate, you could end up with less than you feel you deserve. 

You must keep a realistic view of your circumstances. Though you have the opportunity to negotiate your settlement, the courts will take into consideration your agreements and the rules of equitable distribution before approving it. Before you start making your demands, consider the following tips to help with your divorce negotiations. 

Factors that can impact the accuracy of a breath test

If you are driving and subsequently pulled over because authorities believe you have been drinking, you can expect that the law enforcement official who stops you will ask you to submit to a breath test. Conducted using a device called a Breathalyzer, breath tests are tools authorities rely on to assess your degree of impairment behind the wheel. When calibrated correctly and properly maintained, Breathalyzers are often accurate, but there are a number of outside factors that can lead them to produce false readings

Important information for victims of domestic violence

As a follow up to a recent blog discussion about domestic violence, this post will contain some valuable information and resources for victims. It might sound like simple common sense to many readers, but the first thing for victims to know is that it is never permissible for a spouse or a family member to abuse you. In fact, domestic violence, like other types of violence, is 100 percent illegal in Minnesota and elsewhere in America.

It is important for victims to understand that other forms of abuse are also not permissible. This includes emotional abuse, threats, isolation attempts, economic or financial abuse, intimidation and coercion. As an American citizen, you have the right to seek help if you suffer from domestic violence.

DUI implied consent law means ignorance of the law is no excuse

Who reads the fine print? Perhaps not many, and usually there are no repercussions. But, when it comes to driving on the Minnesota roadways, there is some important fine print found in the laws. It involves what the law says you consent to by virtue of just operating a vehicle on those roadways. Because the law creates the consent, the name of the law is implied consent.

Travel restrictions with a DUI

Driving under the influence of alcohol poses numerous threats. In 2015 alone, over 2,000 people in Minnesota suffered injuries as a result of alcohol-related crashes. That data comes from the Minnesota Department of Public Safety.

There are numerous consequences to receiving a DWI conviction, from license suspension to jail time. However, one setback many people overlook is the ability to travel to other countries. People usually do not face restrictions for going to other states, but vacations planned for the future may not be possible after a DUI.

Why you should never bad mouth a spouse during a divorce

Plenty of people deal with divorce in Minnesota. According to information collected by the Legislative Commission Economic Status of Women, there were 15,888 divorces in the state in 2000. This number was a decrease from 16,575 divorces in 1992; however, these numbers still indicate that divorce is hugely prevalent in today's society.

How can parents ease transitions for children after divorce?

Divorce can be the most difficult ordeal that a family can go through because it changes the structure of the family. People generally want to preserve their relationships with their children after divorce, so why is this so difficult?

Roles a lawyer fills in helping domestic violence victims

You may already know this, but it bears repeating -- anyone can be victimized by domestic violence. This includes wives, husbands, children, parents and anyone else in a domestic relationship with an abuser. Survivors of domestic violence often want to escape their situation, but they may be afraid to take action or may simply not know how to find help.

In virtually all Minnesota locations, government and non-profit organizations offer aid to victims. What many people do not understand is that a family law attorney can also play a variety of roles to helping the survivors seek justice.

Can your spouse claim a portion of your business growth?

You started your company the same year that you got married. You were just 25 years old, and the company was worth $70,000. You started small and built it up.

At the time, you and your spouse did not get a prenup. You didn't want to talk about divorce, for one thing, and your company hadn't launched yet. When it did, a month after the wedding, you still weren't that worried. Even if your spouse could take half, it was just $35,000.

Common divorce mistakes you can avoid

To say that it is easy to make mistakes when getting a divorce in Minnesota is an understatement. In today's world, it feels like everything to do with divorcing is a mistake with the potential to unleash a surge of negative consequences. We know how hard it is to make decisions during such a difficult time and we want to help.

Our lawyers believe that in this information-inundated environment, the simplest advice is the best advice. We have gathered a list of three common mistakes people make during divorce with simple reasons why it is important to avoid them.

  1. Being unprepared: If you have not prepared yourself for a divorce, chances are it will knock you off your feet. Consulting with a lawyer, taking stock of your finances and learning about Minnesota divorce laws can equip you to meet obstacles head-on.
  2. Negative communications: Divorcing is emotionally difficult to say the least. You may feel compelled to lash out at your spouse but this can hurt your case in the end. Place the task of communicating with your spouse in the safe hands of your divorce lawyer instead.
  3. Accepting an unsatisfactory divorce settlement: A divorce order is sort of like the sword Excalibur. Once it is set in stone, the task of removing it or affecting it feels monumental. The best time to fight for your rights is now.
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Two Rivers Law P.A.
9040 Quaday Ave. NE Suite 201
Otsego, MN 55330

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