The United States is one hot destination. Whether the lure is Hollywood, the Statue of Liberty or the world's highest standard of living, people pour over American borders every day, searching for a good time or a better life. To do either, every one of these people is legally required to have a visa, issued by the United States Department of State. If someone comes to the United States without a visa, or stays after his or her visa is expired, that person is breaking the law.
Spousal maintenance is money paid to support an ex-spouse. Either spouse can ask for spousal maintenance, but the court will not award spousal maintenance unless there is a need for it. Spousal maintenance may be granted for several reasons. These include disability or illness or not having worked outside the home for a number of years. If there is a large difference between your income and that of your spouse, you may be in need of spousal maintenance.
In order to make informed decisions as to division of marital property, and appropriate amounts of child support and spousal maintenance, it is necessary for each party to be fully informed of identity of each parties' income and assets. This information is typically exchanged through a process known as discovery. This is a process in which the lawyers may utilize numerous techniques for obtaining the financial information necessary to fairly identify and value all income and assets. The lawyers may informally by letter request the information they feel is necessary to identify all marital income and assets, or, in some cases may feel the need to serve "Interrogatories" and "Requests for Production of Documents” which are formal questions and requests for financial information and documents, such as tax returns, bank statements, financial statements and other information, which must be answered and sworn to under oath, within thirty days. In today's practice, some court's control what discovery they will allow, and may not immediately allow for the service of formal discovery, preferring the parties first use informal discovery. The attorneys may also notice the depositions of the parties themselves, or other people who may have relevant information, such as bankers and business associates. At a deposition the witness is sworn under oath, and the attorneys ask questions of the witnesses, which testimony is preserved in writing by a court reporter. The attorneys may also employ experts, such as "vocational evaluators," in the event it is alleged that a spouse who has not been working or who has only been working part time, is able to earn income to contribute to their support. They may also employ accountants or other business valuation experts to appraise family-owned or closely-held businesses. They may also employ other experts to appraise other assets such as real property and personal property, such as furnishings, jewelry and artwork.
For unmarried parents, the mother has sole legal and physical custody unless and until the Court orders otherwise, pursuant to Minnesota Statute section 257.75, subdivision 3. Nevertheless, a mother should be careful before denying parenting time, because one of the many factors which the court considers in determining permanent custody is “the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.” Minn. Stat. § 518.17, Subd. 1(13).
If you do move out, take steps to guard against destruction of property. Videotape the contents of the home (e.g., furniture, art and other valuables) and make copies of important documents (birth certificates, account statements, deeds and insurance policies) before you leave. You may also consider taking your own family heirlooms and other personal, irreplaceable items with you.
If there is a chance your spouse may seek an Order for Protection or Harassment Restraining Order against you — whether legitimately or fraudulently — it is important to have a plan in case you are suddenly served with one and are barred from your home, with no court hearing set for two weeks. If that happens, do you have a place to stay? Cash and important documents? A spare change of clothing?
Attorney Andrew T. Poole practice in all areas of criminal defense and family law in Duluth, Minnesota. Mr. Poole graduated from law school in 2010 and moved to Duluth with his Duluth-native wife. Soon after moving to Duluth, Mr. Poole started his own law practice called Poole Law Office PLLC, which he operated until becoming a partner at LaCourse, Poole & Envall, P.A. in 2017. Mr. Poole's hard work and commitment to criminal defense and family law has earned him recognition as a Rising Star by Super Lawyers Magazine. He has also been named a Top...
Minnesota divorce laws are put in place for both the Petitioner (or Co-Petitioner) and the Respondent (or Co-Petitioner) to receive a fair divorce. Sometimes, hiring a divorce lawyer or mediator in your area is the best way to ensure that this happens. Or, if you and your spouse are able to cooperate and agree on everything, you can do your own Minnesota divorce online.
Very few things in any family law issue are black and white. Our job is to step back and help you look at the larger picture in terms of what you have to get out of your divorce versus what might be emotionally driven. We sit down with you to discuss whether what you are asking for is worth pursuing and how a judge might handle a situation if your case ends up in litigation.
As a mediator, I have found that custody mediations are frequently transformative. Parties deal with the fact that they'll have an ongoing relationship as parents. And they realize that when it comes to the kids, they can be on the same side. The result? Parties come up with a parenting plan they've jointly agreed on and gain tools to communicate with each other about their children. And research shows that parents who mediate have a better long-term relationship with their children.
If the respondent does not answer the Petition within 30 days after it was served, the respondent is in default. The petitioner's attorney tells the court and a default hearing is scheduled. Default hearings are also scheduled when all of the relief to be ordered by the court has been agreed to by the parties in a written agreement called a Stipulation or Marital Termination Agreement. If both parties are represented by lawyers, the divorce may be finalized without a hearing. If both parties did not have lawyers or if the respondent never answered, there is a default hearing. At a default hearing only the petitioner and his or her attorney need to attend. The petitioner is sworn under oath and testifies to all the facts necessary for the court to order the relief requested in the Petition or Stipulation.
A Motion is a paper asking the Judge or Referee to decide an issue in a case. In a divorce matter, a Motion for Temporary Relief allows you to ask the court to issue a temporary order for child custody, child support, spousal support, and certain property issues. The Temporary Order allows you to get needed financial support while your case is pending in court. The Temporary order will expire when the final divorce decree is signed by the Judge and "entered" by court administration.