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Life after a Minnesota divorce can be difficult in more ways than one. After you've gotten divorced, you may face an adjustment period to a newly single life, possible reduced income, and, in the case of kids, life as a single parent.

When it comes to your kids, you're probably a bit more strapped for time. And depending on your child custody agreement, you also now have to share your child's time with your former spouse through court-ordered child visitation.

Whether you got divorced in St. Paul 2 months ago, or 2 years ago, maybe your extended family lives in California and you've been feeling the pull to be closer to your roots. If you are the custodial parent, moving out of state with your child is easier said than done.

Minnesota Parental Relocation Requests

Aside from the emotional rise you may get out of your former spouse at the mere mention of the idea, you have Minnesota courts to contend with. While an out-of-state move after getting divorced in St. Paul is not impossible, it can be an arduous process.

If your current child custody arrangement has been working well since getting divorced in St. Paul, you may find that Minnesota courts are hesitant to make any changes.

In addition, Minnesota state laws dictate that the parent requesting the relocation has to prove that relocation is in the child's best interests. This means the parent has to prove that a move to another state will still be good for the child, even if it means significantly reduced time with the other parent.

This is why it helps to talk with a St. Paul family law attorney if out of state relocation may be in your future. A St. Paul family law attorney can analyze the success of your current child custody arrangement and figure out the strengths and weaknesses of your parental relocation case. In addition, a St. Paul family law attorney is well versed in the court's considerations with parental relocation requests.

Court Considerations with Minnesota Parental Relocation Requests

Some considerations in parental relocation requests include:

• whether the child has siblings;
• whether the child even wants to move with the custodial parent;
• the effect a move would have on the child's education;
• the effect the move would have on the child's quality of life; and
• the opposing parent's reasons.

Parental relocation requests are a form of child custody modification, which can be quite involved after you've been divorced in St. Paul. A St. Paul family law attorney can minimize the burdens of your situation by strategically building your case while handling the time-consuming paperwork and legal procedures.

How to Contest a Minnesota Parental Relocation Request

Perhaps you've been divorced in St. Paul and your former spouse is the custodial parent. When you learn about your child's possible move out of Minnesota, and want to contest it, you do have options. A St. Paul family law attorney can help represent you and your child's interests if this is your situation.

When the custodial parent requests a parental relocation and you contest it, the following actions will occur:

• motions will be filed in court;
• the case will be presented to a judge;
• parenting time plans will be modified (if a move is approved); and
• responsibility for transportation costs will be allocated (if a move is approved).

A St. Paul family law attorney can help to prove the child's current living situation and custody arrangement is in their best interests if your case goes to court.

Staying Current with Minnesota Child Custody Law

Whether you are the parent considering a move out of Minnesota, or are trying to stop the move, it's best to have a St. Paul family law attorney involved in your case. In addition to legal experience, knowledge and the ability to build a case for you, a St. Paul family law attorney is also most likely to be up-to-date on any legal changes in the Minnesota child custody arena, especially when dealing with out-of-state moves.

Burden of Proof with a Minnesota Parental Relocation Request

Until 2006, the parent contesting a parental relocation request had the burden of proof to show the move was not best for the child. That changed when legislation updated Minnesota child custody law to streamline it with the majority of other states. Since the legal changes in 2006, it's been up to the parent requesting the parental relocation to prove the move is best for the child.

Conditional Custody with a Minnesota Parental Relocation Request

More and more, Michigan courts are placing conditions on child custody when it comes to relocation. After getting divorced in St. Paul, courts will award child custody with the stipulation that the parent must remain in Minnesota. If the custodial parent really wants to move out of state, there is a good chance the courts may allow the parent the freedom to move, but then rule that the child live with the non-custodial parent.

Laws and regulations are constantly being revised and refined, and if you have a St. Paul family law attorney who is always in tune with the latest changes, you'll have that much more of an advantage with your Minnesota parental relocation case.

Get Legal Help Now - Contact a St. Paul Family Law Attorney

Banas Family Law, P.A., will give you the personalized service you need to resolve your family law issues, whether you are dealing with a Minnesota divorce, spousal support or child custody. Contact us today for a consultation with an experienced St. Paul family law attorney - 651-361-8109.

A Minnesota divorce can be a trying time. If you and your spouse are getting divorced in St. Paul, you may be concerned about how your financial future will play out once proceedings are finalized. The desire to maintain the same lifestyle you upheld while together may reign high on your list of priorities. Sometimes, though, one spouse may take that consternation a little too far, and actually hide assets.

Full Financial Disclosure in a Minnesota Divorce

When getting divorced in St. Paul, both parties actually have a legal obligation known as full disclosure of finances. The duty of full financial disclosure is important because during the marriage, the couple quite possibly grew their financial income, and with it, assets. If one spouse chooses not to disclose the full extent of those assets, the other spouse could be put at a major financial disadvantage. When you're getting divorced in St. Paul, there are a number of assets that must be disclosed.

Those assets are also the ones that a spouse typically attempts to hide, and include:

• bank accounts;
• savings accounts;
• retirement plans (including 401k and IRA accounts);
• businesses; and
• real estate.

If you're getting divorced in St. Paul, the issue of hidden assets will most often come up during the division of property, when all assets are split, either by court order or settlement. This can often be a contentious time, and depending on the degree of affability between you and your spouse, you may need the mediation skills of a St. Paul family law attorney.

Warning Signs That Your Spouse is Hiding Assets in a Minnesota Divorce

The last thing you want to consider when getting divorced in St. Paul is that your spouse may attempt to hinder your future. Unfortunately, though, this can happen when your spouse hides assets.

If you think your spouse may be attempting to hide assets from you, it's best to consult with a St. Paul family law attorney. A St. Paul family law attorney is able to attain the help of experts like tax valuation specialists and forensic accountants to most accurately determine whether full financial disclosure has occurred.

Meanwhile, if you notice some of the following behaviors, it may be time to contact a St. Paul family law attorney to either confirm or put a rest to your suspicions:

• Assets that were present during your marriage are suddenly depleting or disappearing altogether.
• Your spouse's explanations don't add up to financial records.

Full financial disclosure when getting divorced in St. Paul is crucial. This way, your St. Paul family law attorney knows how to best fight for your needs. When full disclosure doesn't occur, your St. Paul family law attorney is equipped with the skills and resources to recognize the discrepancy and represent your financial interests.

When to Contact a St. Paul Family Law Attorney

Banas Family Law, P.A., will give you the personalized service you need to resolve your family law issues, whether you are dealing with a Minnesota divorce, spousal support or child custody. Contact us today for a consultation with an experienced St. Paul family law attorney - 651-361-8109.

A partnership agreement (also known as cohabitation agreement) is an agreement between two unmarried people who live together as partners. In Minnesota, a valid cohabitation agreement must be written and signed by both parties and is enforceable regardless of the sex of the parties.

Cohabitation agreements can be utilized to protect the financial interests of each party in the event of a breakup and to grant the couple some of the protections and rights typically obtained through marriage. The agreement may govern such issues as child custody, parenting time, property division and end-of-life decisions.

Whether you and your partner cannot marry or choose not to, a cohabitation agreement can provide you with peace of mind, ensuring your wishes are followed in the event of a dissolution of your relationship or of your or your partner’s incapacitation or death.

For more information, please contact the Minneapolis family law attorneys at Banas Family Law.

In 2008, Minnesota averaged a 5.5% divorce rate. A somewhat more surprising pattern is the rising number of long-established couples among those getting divorced in St. Paul.

A later-in-life divorce, also known as a "gray divorce," represents a growing number of divorce cases in Minnesota and throughout the country. While previous generations may not have considered divorce as an option after a certain age, modern couples are finding that after many years of marriage, they now have different goals and may be happier leading separate lives.

While each divorce carries a set of special challenges, a gray divorce creates a new set of obstacles, many of them financial in nature. For those getting divorced in St. Paul, the decision to hire a St. Paul divorce attorney is important to ensure that your best interests are being addressed throughout your Minnesota divorce proceedings.

Characteristics of a Gray Divorce

Every couple getting divorced in St. Paul is different; however, couples going through a gray divorce are usually dealing with circumstances that are very different than young couples seeking to end their marriage.

Common characteristics of a gray divorce may include:

• the couple's marriage has been in turmoil for a long time;
• the couple share many marital assets;
• the couple's children are grown; and/or
• the couple is well established financially.

What accounts for gray divorce?

There are a few explanations as to why couples divorce later in life, including:

• The desire to follow a new path in life. This could happen with either spouse, and can manifest itself in a new career goal or perhaps a move to a new location.
• Americans are living longer. The average life span is 77 years - that's up more than 30 years over the past century, which means an increased sense of opportunity.

Financial Considerations in a Gray Divorce

In most gray divorce situations, the children are grown, but the couple may have extensive marital property including real estate, bank accounts, retirement plans, pensions, and other property that must be divided in the divorce. A St. Paul divorce attorney is often brought into the picture to help minimize what can be a financially damaging situation.

For those in long-term marriages ending in divorce in St. Paul, there are two main financial ramifications, including:

• Savings, investments and other income must be divided; and
• Each spouse has limited or no time to recoup the difference for their retirement years.

Divorce is difficult at any stage of life, so it goes without saying that a special set of circumstances arise when dealing with the dissolution of a long-term marriage. A St. Paul divorce attorney can work with you to establish solutions that will work best for your specific situation.

Get Legal Help Now - Contact a St. Paul Divorce Attorney

Banas Family Law, P.A., will give you the personalized service you need to resolve your family law issues, whether you are dealing with a Minnesota divorce, spousal support or child custody. Contact us today for a consultation with an experienced St. Paul divorce attorney - 651-361-8109.

A neutral professional is a third party called upon by either the parties involved or the court in an attempt to resolve a family law dispute as efficiently as possible without unnecessary, expensive court litigation. There are a variety of neutral professionals that may be utilized for this purpose, including: guardians ad litem, parenting time expeditors, custody evaluators, parenting consultants and custody mediators.

According to Minnesota Statute 518.165, the court may appoint a guardian ad litem in any proceeding involving custody or parenting time of a minor child. The guardian ad litem’s job is to represent the best interests of the child and advise the court of those interests, including recommending specific custody and parenting time arrangements.

In disputes involving parenting time, a parenting time expeditor may be appointed by the court (either at the court’s discretion or upon the request of either party) to facilitate a resolution. Generally, the parenting time expeditor is authorized by the court to make a binding decision resolving the dispute.

During contested child custody proceedings, an investigation and report concerning the custodial arrangements for the child may be ordered at either the court’s discretion or at the request of one of the child’s parents. According to Minnesota Statute 518.167, the investigator, or custody evaluator, “may consult any person who may have information about the child and the potential custodial arrangements except for persons involved in mediation efforts between the parties.” This includes, with consent from the child’s parent, obtaining information about the child from medical, psychiatric or school personnel. The investigator’s subsequent report will include the investigator’s custodial recommendation and the reason(s) for the recommendation. This report, including the recommendation, may be used in court at the custody hearing.

Parents also may choose to utilize parenting consultants and/or custody mediators to help them resolve their differences amicably through negotiation. These trained professionals will facilitate the discussion between the parties, helping them reach agreements that are in the best interests of their child(ren). While the professionals may give recommendations to the parties, in the event that no agreement can be reached, they typically are not authorized to issue binding decisions.

Courts are increasingly utilizing the services of neutral professionals to help resolve family law disputes, and often depend on the professionals’ recommendations when rendering decisions. It is important for your case that you understand the roles and impact of such a professional. For more information on your Minnesota family dispute, contact Banas Family Law at (651) 361-8109.

A recent job loss can make it difficult to pay your bills and meet your obligations. Child support payments that were previously manageable may become overwhelming. If you’ve recently lost your job and need help meeting your child support obligations, a qualified attorney may be able to assist you in lowering the amount you’re required to pay each month.

When your child support order was originally instituted, the amount you were required to pay was calculated based upon your (then current) income. According to Minnesota Statute 518A.39(2)(a)(1), you may be able to modify your child support order if a substantial decrease in income renders the original terms of the order “unreasonable and unfair.”

There are timelines associated with filing a motion for a reduction in support. To avoid missing your opportunity to request a modification, you should contact your Minnesota family law attorney as soon as possible after losing employment. Attorney Chris Banas advises clients to immediately:

1) Ask your employer for a letter setting forth the reason for the termination or lay off.

2) Forward a copy of the employer’s letter and a copy of the current child support order to your attorney.

3) Start a job search immediately. Keep a journal of all potential employers contacted and the result of each contact.

4) Update your resume, and forward it to your attorney.

By contacting your attorney promptly, he can review your case and, if you’re eligible, begin filing a motion for reduction in support well within the necessary timeframe. Don’t let child support obligations stretch you too thin. If you’ve lost your job through no fault of your own, call Minnesota family law attorney Chris Banas today to find out if you’re eligible for lowered child support payments. Call 651-361-8109 now.

On April 3, 2009, Iowa's Supreme Court became the fourth in the country to declare a state legislative ban on gay marriage unconstitutional. Over ten years earlier, in 1998, the Iowa legislature passed an amendment to the state Statues defining marriage exclusively as a union between a man and a woman. (Iowa Code section 595.2(1))

As in Massachusetts, California, and Connecticut, the Iowa Supreme Court decided the ban infringed on the constitutional right to equal protection under the law. According to the unanimous decision, the couples involved in the case proved that, by not allowing them to marry, the state was denying privileges accorded to all other subclasses of citizens. This unequal treatment thus imposed unfair disadvantages on the couples.

"This record included an explanation by some of the plaintiffs of the disadvantages and fears they face each day due to the inability to obtain a civil marriage in Iowa. These disadvantages and problems include the legal inability to make many life and death decisions affecting their partner, including decisions related to health care, burial arrangements, autopsy, and disposition of remains following death. Various plaintiffs told of the inability to share in their partners' state-provided health insurance, public employee pension benefits, and many private-employer-provided benefits and protections. They also explained how several tax benefits are denied. Adoption proceedings are also more cumbersome and expensive for unmarried partners. Other obstacles presented by the inability to enter into a civil marriage include numerous nongovernmental benefits of marriage that are so common in daily life they often go unnoticed, such as something so simple as spousal health club memberships. Yet, perhaps the ultimate disadvantage expressed in the testimony of the plaintiffs is the inability to obtain for themselves and for their children the personal and public affirmation that accompany marriage." (Iowa Supreme Court No. 07-1499)

Following closely on the heels of the Iowa Supreme Court decision, Vermont (on April 7, 2009) became the first state to legislatively legalize gay marriage by overriding the governor's veto. There are now four states in the U.S. where same-sex marriage is legal: Massachusetts, Connecticut, Iowa, and Vermont. While California's Supreme Court also declared a state ban unconstitutional, California voters have since overruled the decision.

While changes go on around the country, Minnesota's law remains the same. According to Minnesota Statute 517.03(1)(a)(4), marriage between persons of the same sex is prohibited. There are, however, other legal arrangements that may help offset some of the disadvantages inherent in the inability to marry.

The state of Minnesota does acknowledge the grandparent's rights in certain circumstances. For example, during or after a divorce proceeding, a grandparent may petition the Court for visitation rights to their grandchildren. These are limited circumstances, however, and the facts of your situation must specifically fall into the category contemplated by the statute. (Those specific situations are set forth in the statute below.) If your situation is one of those contemplated by the statute, you then have a right to petition the court for access to your grandchildren.

Considering Adoption? Considering a Minnesota Stepparent Adoption? Considering a Minnesota International Adoption? Adoption is a judicial proceeding that has the effect of transferring all rights and responsibilities of a natural parent, if known, to an adoptive parent. Below are some of the highlights in the adoption process.

Commencement of the Minnesota Adoption Proceeding: A Minnesota adoption proceeding is commenced by the petitioner filing a petition for adoption in the juvenile court of the county in which the petitioner resides. The proceeding may be transferred to a juvenile court of another county if the petition changes residence and the transfer is in the child’s best interests.

Consent Required: The court will not grant an adoption unless the child’s parents and guardian, if there is one, consent to the adoption. Generally, consent is not required in the following instances [1]:

1. If the parent is not entitled to notice of the proceedings;
2. If the parent has abandoned the child or lost custody through a divorce decree or decree of dissolution, provided that the parent s served with notice of the adoption hearing;
3. If the parent has had the parental rights to the child terminated by a juvenile court or lost custody of the child through a final commitment of juvenile court or through a decree in a prior adoption proceeding;
4. If there is no parent or guardian qualified to consent to the adoption, in which case the consent may be given by the commissioner of human services; and
5. If the commissioner or the agency having authority to place a child for adoption has exclusive right to consent to the adoption of the child. However, the commission may delegate the right to consent to the adoption or separation of siblings, if it is in the child’s best interest, to a local social services agency.

Notice of Adoption Hearing: Minnesota Statutes requires that notice of a hearing on an adoption petition be given to certain individuals. See your attorney for details or refer to Minnesota Statutes Section 259.49 for the full list.

Father’s Adoptive Registry: In 1997, the legislature created the father’s adoption registry requiring a parent to file notice of retention of parental rights in order to protect parental rights and to be entitled to notice of termination, adoption or other proceedings affecting the child.

A “putative father” is a male who may be a child’s father but who is not married to the child’s mother on or before the date the child was or is to be born and has not been adjudicated the father of the child. The putative fathers’ adoption registry is maintained by the commissioner of health. The registry includes information about the putative father, the mother, and the child.

The commissioner of health is required to notify the mother of the child whenever a putative father has registered with the father’s adoption agency, by sending notice to the name and address submitted by the putative father.

Investigations: After a petition for adoption is filed, the court is required to forward a copy of the petition to the commissioner of human services. The commissioner then will immediately refer the petition to the appropriate agency for a post-placement assessment and report to be completed within 90 days. The commissioner is required to submit a written report to the court, with a recommendation as to whether the adoption petition should be granted. The court may waive the requirements of an investigation and three-month residence in the proposed home if the petition is submitted by a stepparent or in other situations if good cause is shown.

Hearings and Decree: All adoption proceedings are confidential, and the hearings are closed to the public. If after the hearing the court finds it is in the best interests of the child that the petition be granted, a decree of adoption is entered ordering that henceforth the child shall be the child of petition. The court may change the name of the child if requested in the petition. After the decree is issued, the petitioner may order a new birth certificate showing the adoptive parents as the parents of the child.

For more information about this and other Minnesota family law related matters, contact Chris Banas at 651-492-1069.

[1] Minnesota Statutes Section 259.49

Military divorces are slightly different than civilian divorces in matters of filing/serving, residency requirements, and property division. These differences are due, in part, to the fact that both federal law and state law govern aspects of a military divorce.

Under the federal 1982 Uniformed Services Former Spouse Protection Act, a state court is allowed to treat the retirement benefits of military personnel as either the sole property of the individual or the joint property of the individual and his/her spouse. Additionally, the Act does not specify a formula for how a state court must divide the retirement benefits in the case of divorce, though it does state that up to 50% of an individual's military retirement benefits may be awarded.

Since there is no requirement by federal law that dictates how military retirement benefits are to be divided in the case of divorce, state courts must make their own determinations based on state law.

Some states are considered community property states while others are equitable property states. In Minnesota, the court strives for a "just and equitable division of the marital property," and typically divides marital property equally between the parties.

While military retirement benefits may be subject to division between spouses, it is important to note, however, that Veteran's Administration disability benefits are the sole property of the individual service member and are not considered part of the community estate in the case of a divorce.

For additional information regarding the division of military benefits during divorce, please contact the Minneapolis family law attorneys at Banas Family Law now.