I have been awarded a portion of my ex-spouse’s retirement account and I’m told I need a Qualified Domestic Relations Order (“QDRO”) to effectuate the transfer. How long will it take for the QDRO to be completed so that I can access the funds that were awarded to me?...
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Divorce
What is an Early Neutral Evaluation (ENE)?
What is an Early Neutral Evaluation (ENE)? Early neutral evaluation (ENE) is a confidential alternative dispute resolution process designed for faster settlement of family court cases. There are two separate ENE processes; one for parties to address issues related to...
How are custody and parenting time determined in Minnesota?
How are custody and parenting time determined in Minnesota? In Minnesota, regardless of whether you were married or you have a joint child outside of a marriage, when either party brings an Court action, the Court will make custody and parenting time determinations...
How is child support calculated in Minnesota?
In Minnesota, regardless of if you have a child from a marriage or have a joint child outside of a marriage, when either party brings an Court action, both parties will be Ordered to contribute to the support of the child based upon the guidelines and formulas set...
What is the difference between a legal separation and a divorce?
As people are contemplating the end of their marriage, they often want to know if there is a benefit to separating first. In Minnesota the statute allows for either a “Legal Separation” or a “Dissolution of Marriage.” Adding to the confusion is that the word...
What to expect when you go to Court.
The Initial Case Management Conference For many people, the decision to start a divorce or custody action is the most difficult and intimidating step. Other people are paralyzed by the idea of going to Court. Fortunately, the Court’s in Minnesota have come to...
Things to Consider when Negotiating the Terms of a Qualified Domestic Relations Order (“QDRO”)
(Tips for Attorneys when Dividing Defined Contribution Plans) 1. What’s the plan name? Make sure the correct name of the retirement plan is listed in the divorce decree. Some judicial officers will reject a QDRO if the name of the retirement plan listed in the QDRO...
Why would I need a Prenup?
The Top 5 reasons to make sure you have an Antenuptial Agreement (Prenup) before you get married. A prenuptial agreement, or antenuptial agreement as they are called in Minnesota, is a contract between two individuals who are planning to be married. The antenuptial...
Do I have to pay Spousal Maintenance (Alimony)? Will I get Spousal Maintenance (Alimony)?
Unlike other some other states, in Minnesota, there is not a magic formula to determine if you will receive or will have to pay spousal maintenance/alimony as part of a divorce, how much that spousal maintenance will be and for how long the obligation will be in...
What to consider when getting a divorce.
When getting married, divorce is the furthest thing from most people’s minds. That said, later on there are a variety of different reasons people ultimately end up divorcing. While the divorce process is not a pleasant undertaking, there are some simple things you can...