Minneapolis Business & Real Estate Law Blog

Enforcing parenting time is important

On behalf of Patrick Burns of Burns & Hansen, P.A. on Monday, March 30, 2020.

Parenting disagreements aren't uncommon when you have a child custody order governing what happens with the children. One thing that must never happen is one parent keeping the children from the other parent. The only exception to this is if there is documented abuse going on, and that's when the court needs to become involved in the situation immediately.

Unfortunately, some parents try to use withholding visits with the children to enforce other points. For example, some individuals might keep the kids from a parent if that parent is behind on child support. This is illegal, it harms the children and it shouldn't ever be done.

ESTATE PLANNING DURING A CRISIS

On behalf of Patrick Burns of Burns & Hansen, P.A. on Wednesday, March 25, 2020.

At Burns & Hansen, we understand the rapid spread of COVID-19 is stressful and anxiety producing. An important step that all individuals can take during this time is to create an up to date estate plan. A comprehensive estate plan will take the uncertainty out of what happens to you and your loved ones in the event of illness or death.

There are three primary components to an estate plan: power of attorney (POA), health care directive, and a will.

Do this when considering property division in divorce

On behalf of Patrick Burns of Burns & Hansen, P.A. on Tuesday, February 25, 2020.

You might realize that you have to divide everything when you're going through a divorce, but you may not understand just how involved this is until you're already in the midst of the process. Most people try to focus on the larger assets. This is understandable but you can't overlook the smaller ones either.

It is best to go through the process thinking logically instead of emotionally. This gives you the chance to determine how each proposed split is going to impact your future.

Seemingly happy marriages can end in shocking divorces

On behalf of Patrick Burns of Burns & Hansen, P.A. on Monday, February 24, 2020.

Some people see a divorce coming and they can try to prepare for it; however, it is much more difficult to deal with one that you didn't know was coming. It is shocking to realize how many marriages end even though the spouses reported that they were in low-conflict divorces.

In the United States, only around 15% of couples who were heading toward a divorce were high-conflict couples, but 66% were low-conflict couples. Looking into the root cause of those divorces might shed some light on why seemingly happy marriages are failing so much.

High-conflict divorce negatively impacts the children

On behalf of Patrick Burns of Burns & Hansen, P.A. on Wednesday, January 29, 2020.

High-conflict custody battles are difficult situations for everyone involved. Some parents assume that their children won't suffer long-lasting impacts, but this isn't likely. Many children will face changes that can make life more challenging.

The way that parents handle these divorces can determine exactly how the children fare afterwards. Parents who can keep the conflict away from the children will usually notice that their children are able to cope. Parents who keep the conflict going and argue in front of the children will possibly notice some negative behaviors in the kids.

Focus on the present during child custody negotiations

On behalf of Patrick Burns of Burns & Hansen, P.A. on Thursday, January 9, 2020.

Parents going through a divorce while they have minor children at home can face some challenges as they work with their ex to determine the terms of the parenting plan. Most individuals going through this want to have a plan in place as quickly as possible.

Working out the terms of the plan requires you to work as a team. Negotiating child custody matters can be downright maddening, but you might be able to make things a tad easier if you remember a few points.

Divorce from a narcissist is challenging

On behalf of Patrick Burns of Burns & Hansen, P.A. on Tuesday, December 31, 2019.

Being married to a narcissistic person is a challenging experience. Some people who are in this position are excited by the thought that they will be able to divorce the person. They might not realize that there are some difficulties with divorcing a narcissist.

If you are in this position, you have to think carefully about your strategy. You can't plan on having an easy divorce that involves compromise because most people who are narcissistic won't let this happen. They want to have their way all the time and no matter what the cost.

3 reasons to use mediation for your divorce

On behalf of Patrick Burns of Burns & Hansen, P.A. on Tuesday, December 3, 2019.

Making the decision to divorce isn't an easy one. When you have made up your mind, your best hope is that you and your ex will be able to work out the terms together. Being able to negotiate has many benefits.

There are only a few cases in which going through mediation isn't appropriate. These include things like cases of domestic violence and when one party has a mental health condition like narcissism. It might not be possible if one party isn't willing to compromise. But, if at all possible, getting the negotiations moving forward is preferable for many.

Divide property and move forward with your divorce

On behalf of Patrick Burns of Burns & Hansen, P.A. on Friday, November 29, 2019.

Many people going through divorce worry that they're going to lose everything. The truth is that it's highly unlikely that you'll lose everything, and if you have a good attorney on your side, you may end up with more than you expected.

Minnesota is not a community property state, which means that your property will be distributed equitably. Marital property distributed through equitable distribution may be split in any number of ways, from a 50-50 split to a 70-30 split. The exact split you decide on can be negotiated between you and your spouse or determined by a judge in a worst-case scenario.

4 tips to find peace when your ex asks for divorce

On behalf of Patrick Burns of Burns & Hansen, P.A. on Wednesday, October 30, 2019.

Some people know when their marriage is nearing the end, but others are blindsided when their spouse tells them they are filing. The aftermath of the announcement might not be exactly what you expect. Thinking about some of the finer points of life after finding out you're going to divorce can help you to adjust to the situation.

On the top of your list is going to be living arrangements and working out the financial aspects of the split. As you move forward, you can also use these tips to keep your stress to a minimum.