DivorceMag: Minnesota FAQs

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Frequently Asked Questions About Divorce

"When I go to rent an apartment, what kinds of documents do I need to take?"

When you’re ready to sign the lease to your new apartment, here’s what you should bring to make the process faster and easier:..."

"I'm worried that my spouse will try to hide assets from me. How can I be sure I get a fair share of the business and other assets?"

CPA David Fox answers: "Divorce is an emotional event for those involved. Because the emotions are typically negative -- anxiety, anger, and mistrust -- it is common for one spouse to suspect the other is hiding or undervaluing significant assets in an attempt to keep them out of the divorce settlement.

This suspicion often arises when a wholly- or family-owned business is at stake because the total management and control of income and assets has been entirely in the other spouse’s hands. Also, you may have had a conversation with him/her where you were told of cash income from the business that was used to buy a new TV, jewelry, or even gold coins, or you found a large amount of cash..."

"Is it better to take more marital property -- like the house -- instead of spousal support or a part of a pension?"

Financial planner Stephanie Maloney answers: "It depends. Making a decision of whether to take more marital property instead of an income stream is a crucial one. Before making this decision, one needs to really determine future needs and possible consequences. For example, it could be catastrophic if you had to sell your house in the wrong market because you needed the money to live.

There are some advantages to an "alimony buyout" (taking more money or property upfront):

There is no risk of default on the payments. If you have the money, you can invest it however you want, and you don't have to worry about your spouse not paying in the future..."

“My husband and I have made the difficult decision to get a divorce. However, we want to try and lessen the negative effects on our children as much as possible. What is the best way to separate our family with the least amount of damage?

Family lawyer MichaelAnne Cahill, answers: “The most suitable solution for this couple is to take advantage of the Collaborative Law process. Through this approach, the parties can mutually fashion the result of their divorce and minimize the negative impact their permanent separation will have on their children. The parties mutually make their choices using cooperative strategies, rather than allowing the court to make the decisions for them.

Collaborative law allows clients to have their lawyers with them during the negotiation process, but commits the attorneys to maintaining the single agenda of reaching a settlement. It is the job of the attorneys to work with their own clients and each other to ensure the process remains positive and productive…”

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