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Lakeville Divorce Law Blog

Domestic violence: A rising problem in Minnesota

Throughout the ages domestic violence has been a problem in marriages and romantic relationships. Abuse, whether physical or mental, takes its toll on a person's health and well-being. Many times victims are able to get away but other times they are not. Domestic violence is the leading cause of injury to women. While men can also be victims of abuse, the majority of cases involve women.

Minnesota does not tolerate domestic violence. Several domestic abuse shelters are available across the state for victims. But due to an increase in victims, many of these shelters are being overcrowded.

Florida nearly bans permanent alimony, should Minnesota?

There are many Minnesotans who may find themselves on the losing side of a divorce. Oftentimes unfavorable child custody agreements or property division disputes can send individuals over the edge but perhaps another outcome of divorce, permanent alimony, can be the most frustrating outcome for the paying party. Recently Florida attempted to ban permanent alimony but it the governor vetoed the move at the last minute. The question many states are thinking, including Minnesota, is whether they should consider banning permanent alimony.

Minnesota is a no fault state for divorce. This means that infidelity doesn't play a role in determining asset division or support. A spouse can have an affair and still receive alimony from the other party in a divorce. While this is not always the case, it is a possibility. No two divorces are the same but many individuals wind up paying permanent alimony to ex-spouses. These payments are helpful and sometimes necessary in the case where one spouse was the sole breadwinner. But these payments can also be abused.

Jason Aldean filing for an estimated high net worth divorce

How long before country singer Jason Aldean writes a song about divorce? He should be able to write one once his divorce is finalized. Many Minnesotans can relate to Aldean's music and now his divorce. With the divorce rate at 50 percent, country stars are also susceptible to separation. Just like many other celebrities marriages, a high net worth divorce is likely to arise.

The country star married his high school sweetheart back in August of 2001, and, after 12 years of marriage, the couple decided to call it quits, just seven months after Aldean was involved in a cheating scandal with a former "American Idol" singer. Like Minnesota, most states are a no fault states, which means adultery cannot be used for a reason to divorce. Instead, the couple divorced on the grounds of irreconcilable differences.

Does infidelity matter for most Minnesota divorces?

Many Minnesotans have been a victim of infidelity. While many marriages and relationships remain monogamous, there are several that do not. Cheating is considered a moral offense, but, in the eyes of the law, it is innocuous, having no legal penalty. People are free to cheat with whoever they desire. Whether it is with a co-worker, friend or ex, cheating has ruined many marriages. Nonetheless, can cheating have consequences when it comes to child custody or child support in a divorce?

The answer is not always very straightforward. Since Minnesota is a no fault state, an affair may not matter in the court. In order to file for a divorce, all a spouse has to do is give any reason why they need a divorce. One of the most common reasons is irreconcilable differences, which basically means the couple did not get along anymore. The majority of states in America are no fault, but there are a few fault states in which adultery would be considered valid grounds for a divorce.

Prenuptial agreements: New trend in marriages?

It is long thought that signing a prenuptial agreement was a sign of mistrust to a marriage, but in actuality, it is a sign of financial trust. Not only has it become more common, it can also greatly reduce conflicts and save money if a marriage results in a divorce. Marriage may not be forever but divorce certainly can be. For many Minnesotans, divorce has caused irrevocable damage that may have been reduced had a prenuptial agreement been signed.

What a prenup does is distinguish between premarital and community property so that later in court, property division can be a breeze. Community property is assets acquired during a marriage. Some examples are houses, boats or cabins. Many of these higher assets have caused difficulty in the family law court. Say an individual already owns a large boat and house but gets married; a prenuptial agreement would prevent the new spouse from acquiring any of these assets upon divorce. It would also prevent that new spouse from inheriting any debt such as mortgage payments from those assets.

Kim and Kris high asset divorce: The all American divorce story?

With spring finally arriving this week after a brutally long Minnesotan winter, many residents are ready to finalize their divorce so they can get on with their life. After a one and a half year long divorce battle, Kim Kardashian and Kris Humphries have at last finalized their high asset divorce. Kim is best known for...well being Kim while Kris is an NBA star. The couple was wed back in 2011 but later decided to call it quits after only 72 days of marriage.

Just like most American weddings, celebrity weddings are also prone to the nations near 50 percent failure rate. What makes celebrity weddings more unique and interesting are the high assets and the never ending publicity that comes with. From dividing up the yacht to determining who gets to keep the mansion, they spark the interest of many. For Kim and Kris, property division was made a little easier with a prenuptial agreement. Both spouses had mansions as well as several high value premarital assets.

Judge accused of bias in a contested child custody case

A judge's decision was appealed where it was believed that she was influenced by her personal bias against the father's religious beliefs. The Minnesota judge, in the child custody matter, sided with the mother in her opposition against a Bible scripture about the wife submitting to her husband.

At the initial child custody hearing, the wife expressed her desire to separate her children from her husband's Baptist beliefs that wives should submit to their husbands. When the wife had trouble quoting the scripture, the judge interjected that she is familiar with it although she doesn't know where to find it. The judge further interjected with a personal story of her own when a similar statement was made at her wedding and how she quickly dismissed it. The judge ruled in favor of the wife on primary custody of the children and the husband appealed alleging the judge's religious bias. The Appellate Court upheld the judge's ruling finding that her opinion did not affect her ruling but admonished the judge all the same for discussing her personal bias.

Minnesota man arrested on domestic violence charges

Motherhood has its ups and downs but for this 90-year-old mother, the dark side is evident. A Minnesota man was arrested following allegations of domestic abuse against his 90-year-old mother.

According to reports, officers responded to the residence where both the mother and son lived after receiving a text message from a neighbor. Upon their arrival, the officers were told that the son was allegedly pushing his mother and threatening to kill her. The mother alleged that her son was angry because she refused to transfer her house in his name. The mother went on to allege that her son had slapped her and pulled her hair in the past. It was noted that the son has two prior convictions of domestic violence for making terroristic threats and stalking.

All-male rally seeks to end domestic violence

Domestic violence is a significant problem all throughout the country, including right here in the Lakeville area. Every day, into many women in America are murdered by either their boyfriend or husband. In nearly every case, their deaths could have been prevented. For many Minnesotans, domestic violence is a major problem. Recently, a group of men participated in a rally to end domestic abuse.

Domestic violence is the leading cause of injury for women between the ages of 15 and 44. It is also the reason behind many divorces. Last month, numerous men of all walks of life gathered to make a pledge to end domestic violence. The rally included former professional football stars Emmitt Smith and Roger Staubach.

Reality TV star requests alimony from former NFL star husband

The show "Real Housewives of Atlanta" has appealed to many Minnesotans but the title could be changed to "Real Ex-wives of Atlanta" after star Porsha Stewart and husband Kordell Stewart decided to end their marriage. After nearly two years of marriage, Porsha is demanding alimony payments from her former NFL star husband. Allegedly the quarterback was not the only one that was "blindsided."

Porsha claimed she found out that her husband was filing for divorce after viewing a tabloid. In response, the angered 31-year-old decided to file her own papers demanding spousal maintenance and the use of the mansion the couple shared.

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