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What You Need to Know Before Appearing in a Minnesota Family Court Proceeding

There are many people who will tell you that walking into a courtroom for any reason is one of the most unpleasant experiences they have ever faced; but people who appear in family court quickly find that the experience is much different than any other courtroom experience. In a family law proceeding, things can get extremely personal very quickly. In divorce and custody litigation, you have to be prepared not just for a counter attack, but also for a healthy dose of accusations to be hurled at you.

Should you agree to a marital lien in your Minnesota divorce settlement?

For years, marital liens against the value of the couple's primary residence were a common sight in property settlements in divorce. Also referred to as homestead liens, spousal liens or equitable liens, divorce lawyers in Minnesota often encouraged their clients to accept the lien based on the ever-increasing value of the property, particularly in the Twin Cities metropolitan area.

What is Early Neutral Evaluation (ENE) in Minnesota divorce?

In Minnesota, family law courts expect divorcing spouses and their lawyers to make every effort to resolve disputes outside of court, if possible. This does not mean that every divorce is amicable. It is important to keep in mind that in divorce, neither party actually "wins" anything.

Are prenuptial agreements worth the paper they're written on?

Minnesota is a no-fault divorce state. That means that either party may file for divorce without citing specific grounds. It also means that marital property, financial assets and debts accumulated during the marriage is subject to equitable division between the parties, no matter who filed.

Will Marital Misbehavior Affect Your Divorce?

Under Minnesota law, either spouse may "sue" the other for divorce with no particularly grounds required. But does that mean that your divorce judge won't take infidelity, domestic violence or other serious misbehavior into account when making decisions about alimony, property division and custody?

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