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Minnesota Divorce Paper Work Options

January 24, 2014 by Schechtman Law Office: Steve Schechtman

Minnesota has fairly straight forward paperwork options for divorces.  If you are considering a divorce, you will want to ensure that you prepare the proper paperwork.  You may want to consult an attorney to determine the proper course of action for proceeding with your divorce.  An attorney will always be able to get you pointed in the right direction.  Many Attorneys, such as Schechtman Law Office, provide a free initial consultation.  It is worth considering a free initial consultation to make sure that you properly and effectively process your divorce and protect yourself.

Summons and Petition

One spouse can begin the divorce process by writing a Summons and Petition.  This process must be followed by Divorce Paperwork“serving ” the spouse.  However, there are rules on how to properly “serve” and these should be followed.  You will want to consult with and attorney for this process.  The person who is “served” must decide how to respond.  It is probable that you will want to consult and attorney for guidance on this issue.

There are instances where couples can reach agreements.  There are a number of things to agree upon.  If the couple reaches an agreement, they can proceed with some of the following steps.  The following information will need to prepared by at least one of the parties –

  • Stipulated Findings of Fact
  • Conclusions of Law
  • Order for Judgement and Judgement and decree

These can be prepared by both parties if it is necessary.  Above lays out some of the steps that should be followed, however, it is important to seek an attorney for legal advice.  Many attorneys provide a free initial consultation.

Motions and Court Orders

Motions are essentially filings of paperwork that request that a judge or referee make a decision on a particular issue.  There are many things that may need a judge or referee to make a decision.  Issues could include –

  • Property Issues
  • Custody
  • Financial Issues

A motion for temporary relief allows you the option to have a court ordered, temporary decision.  This will help with any essential issues that need to be resolved in the short term before a final decision can be made.  This will last until there is a final, signed judgement on the issue or issues.

The divorce is the finalized through a findings of fact, conclusion of law, and order for judgement and judgement decree.  The above information should provide a background for some of the paperwork and process of divorce.  Again, it is important to seek legal advice from an attorney on any and all issues to ensure the proper steps are taken and you are protecting all rights that you may have concerning your divorce.

source: mncourts.gov

Filed Under: Uncategorized Tagged With: Divorce, Family Law, Minnesota, Paperwork

Divorce and Real Estate

February 3, 2013 by Schechtman Law Office: Steve Schechtman

Divorce and Real Estate

One of the largest financial investments married couples share together is the accumulation of real estate.  Real estate is a large ticket item.  You will want to ensure that you have adequate legal representation when you and your spouse are determining the division of real estate.  There are a variety of reason that you will want to protect your interest with legal representation.  There are literally endless possibilities when considering how to divorce and real estate equity. The form for dissolution provides just one option for divorce and real estate.  The main option is to provide the real estate to one party and a provide a lien for the other party.

Types of Divorce and Real Estate 

Schechtman Law Office will provide you with a well versed attorney in divorce and real estate.  We will provide you Gavelwith the legal expertise and ability to amend the court form to meet your unique divorce situation.  Real estate can fall under a number of different classifications and it does not usually matter when the real estate was purchased.  Following is a list of common real estate properties but in no way is all inclusive, please contact our office if you have a question about the qualification of real estate in your divorce-

  • vacation properties
  • condos
  • vacant land
  • property purchased for a business
  • inherited real estate
  • property purchased after separation

Our law office will provide you with the adequate insight and advice when dealing with divorce and real estate.  It is important that you do not sign any documents prior to consulting with an attorney.

Common missteps with divorce and real estate 

There are a number of missteps parties can take when determining the appropriate allocation of real estate after divorce.  Below are some common but definitely not all inclusive mistakes people tend to make when proceeding with a divorce-

  • not listing properties
  • falsely believing you are not responsible because your spouse was awarded the property
  • altering language in divorce papers
  • making arrangements on the side of the divorce settlement

Again, it is important that you contact an attorney when handling divorce and real estate.  Schechtman Law Office always offers a free consultation and we will help you with the care and guidance that your case deserves.

Filed Under: Uncategorized Tagged With: Divorce, Real Estate

Separation – Legal Separation – Divorce

January 30, 2013 by Schechtman Law Office: Steve Schechtman

Legal Separation in MN 

Legal separation in MN can be an option for couples reviewing the status of their marriage.  There are a various ways that a marriage can be classified. Separation simply means that you and your spouse are not living together. This is not a requirement under Minnesota State Law. If you are concerned about the impact a separation will have on your personal situation, you should contact us in order to receive the proper advisement.

Legal Separation is much like a divorce. Under the eyes of law you are considered separated. There are still Gavelfactors that need to be worked out if you pursue a legal separation. Custody, spousal maintenance, child support and parenting time are all things that need to be considered when a legal separation is enacted.

Divorce is the formal dissolution of the marriage. Under this method of the marriage is considered terminated. Legal separation and divorce differ in the matter of how they are viewed by law. A divorce will bring finality to the marriage whereas a legal separation classifies the couple as legally separated.

Legal separation and divorce can take about the same amount of time to process.  If considering a divorce, our law offices can help you find the best approach that fits your needs.  We understand that the nature of all marriages differs substantially and there are a number of different ways a divorce or legal separation can be handled.  When evaluating the status of your marriage you should always get an attorney involved as quickly as possible.  We will ensure that you will receive the customer service and unique service care that your case deserves.  Handle all types of marriage and family law cases.  Our speciality in handling legal separations and divorces will ensure that you appropriately navigate through you marriage and family law issues.

Filed Under: Uncategorized Tagged With: Divorce, Legal Separation, Separation

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