Minnesota Divorce and Property Division: What Can I Keep, and What Must be Divided?

So you find yourself either contemplating divorce, or in the middle of a divorce in the State of Minnesota, and need to know what your rights are with regard to all the personal and real property owned by you or your spouse. This article will touch on the “ins and outs” of property division in divorce proceedings consistent with the laws of the State of Minnesota. There are two competing doctrines amongst the various Sates in this country on how property rights are vested to married couples, - “common law property” states and “community property” states. Minnesota is considered a common law property state (or “marital property” state) when it comes to property rights during the marriage. In the United States, there are ten States that are considered “community property” states, which include: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. This article deals specifically with common law property rights within the State of Minnesota.

As a Minnesota divorce attorney, it is critical to meet thoroughly with divorce clients to ascertain all the property interests owned by the divorce clients and the “character” of those property rights. All property will be classified as either “marital property” or “non-marital” property. There is a presumption in the law that all property is marital. Thus, it becomes the burden of the party attempting to classify the property as non-marital to come forth with the necessary proof and evidence to consider the property non-marital.

So – what the heck am I talking about? What do I mean by marital property? . . . and non-marital property?

Per Minnesota divorce laws, all marital property shall be divided equitably between the divorcing spouses. Marital property consists of all property owned by the spouses that is not otherwise classified as non-marital property as explained below. To “equitably divide” the marital property does not necessarily mean to divide the property 50-50 between the spouses. However, in the majority of the Minnesota divorce cases, this is exactly what happens. But, if there is a large disparity in the spouses incomes, the Courts may award to the lower wage earner a higher percentage of the marital property.

So, what is non-marital property? In Minnesota, non-marital property consists of any property that a spouse owned prior to the marriage; that a spouse inherited at anytime, either before or during the marriage; or any property that was gifted directly and solely to one of the spouses (except for gifts from the other spouse). If property is classified as non-marital, then that spouse is entitled to all of such property, without having to divide any portion of it with the other spouse.

To prove the non-marital character of tangible personal property is often times not that difficult. However, when we are dealing with various bank accounts, retirements accounts or investment accounts, things get a little trickier. The spouse must properly and thoroughly “trace” the non-marital funds from their inception through the date of divorce. If the non-marital funds are commingled with marital funds, then that has the effect of converting all the funds to marital funds. Thus, it is very important that the holder of non-marital funds retain such funds in a separate account . . . however, it may not be the most pleasant conversation to have with your spouse when you explain why you are retaining the funds in a separate account: “Honey – I am just keeping the money in a separate account, so in case we get divorced I will get to keep all the money.”

Similarly, if a spouse has an non-marital claim in real estate, it can be difficult to trace such a claim. This comes about when one spouse owns a home prior to the marriage, which has equity, then the parties sell that home and use the proceeds from the sale as a partial down payment towards the new home, and so forth and so on. There are many factors that come into play with this – too many to discuss in this article. However, it should be noted that when computing a potential non-marital claim in real estate, the Courts discern “active appreciation” (i.e. appreciation of the property due to improvements) with “passive appreciation (i.e. appreciation of the property due to market forces). Further, if at anytime during the course of owning the real property, the actual equity in the property is reduced to zero, then this has the effect of eliminating any non-marital claim that may have existed.

As you can see, it can become quite complex and complicated in determining and ascertaining whether any non-marital property exists as part of the marital relationship. It is always very important to speak with a qualified Minnesota divorce lawyer to discuss your rights in the Minnesota divorce proceeding.

Personal Injury: Should I Sue Or Not?

Being a victim of a wrongfully inflicted injury or “tort”, you naturally expect to be compensated for the inconvenience and pain inflicted upon you. Usually, the wrongdoer is expected to pay for damages that resulted from your injury, including: medical expenses, wages that you could’ve earned had the injury not happened, property damage, and your pain and suffering. Punitive damages can also be awarded if a person acted maliciously toward you or in an intentional disregard of your rights. This is to reinforce to the guilty party the seriousness of their actions, and serves as a warning for any future transgressions.

However, the fact that you’re the victim does not necessarily mean that you should sue for damages. Nobody is discounting the fact that you were injured or inconvenienced, but the decision to file a lawsuit is something you need to seriously think about.

Should I Sue?

It is important to note that there are multiple factors to consider when deciding whether or not to sue. Things like the level of fault of the wrongdoer, the severity of your injury, and your own liability to what happened all have to be taken into account.

And another extremely important point to consider is the ability of the wrongdoer to pay for the damages. This is where insurance plays a huge part. If the guilty party is of limited means and does not have insurance for damages resulting from negligence, a lawsuit might just prove to be fruitless.

Also, be aware that insurance typically does not cover intentional torts and therefore might not be worth pursuing. However, some intentional-looking damages are sometimes actually a cause of negligence. For instance, you may be the victim of a practical joke that misfires and injures you. Although the practical joke was intentional, the injury was not, so, your injury can still be covered by liability insurance, assuming the other party has some.

Get Professional Personal Injury Advice

If you are unsure whether a lawsuit is what’s best for you and your situation, you should consult a professional. Find a good personal injury lawyer to look over the details of your potential case.

Start by looking for personal injury lawyers in references such as Martindale Hubbell Bar of Preeminent Lawyers or The Best Lawyers in America. Unlike the Yellow Pages, attorneys cannot just pay to get listed in these publications. These lists are compiled by surveying judges and other lawyers to get their professional opinions on the abilities of their colleagues. Those that get included in the lists have the reputation for effective representation that works to clients’ advantage in settling cases fairly and quickly.

Research is always what counts when in a serious situation like being a victim of tort. Knowing whether you should sue and where to research and locate a reputable personal injury lawyer are just two important things to consider.

What Questions Should You Ask When Choosing A Florida Divorce Lawyer?

Choosing a Florida divorce lawyer is always an important decision. No two lawyers are alike, and you want to make sure you’re getting the very best legal counsel available to you. Simply put, you can’t afford to take any chances, as the results of your divorce case will literally affect you for years to come.

The best way to make sure you choose the lawyer that’s right for you is to know which questions to ask during your initial consultation. As a prospective divorce client, here are some of the most important questions to make certain you ask a lawyer you’re considering hiring.

• How much experience do you have handling divorce cases in Florida? There’s no substitute for relevant experience when it comes to the law. You want to make sure that your lawyer has been handling divorce cases for years, and not just any divorce cases…divorce cases here in Florida. Each state has its own divorce laws, so it’s important to make certain your lawyer has been practicing family law in Florida for many years. It’s also important to verify that your Florida divorce lawyer has handled divorce cases in your specific county as each county has its own unique components regarding how cases are filed and handled.

• Have you handled divorce cases like mine? Not all divorce cases are the same. Some divorce cases have a unique component to them that requires a lawyer with direct experience in that area. For example, if your divorce case involves child abuse on the part of your spouse, you need an attorney who has handled cases involving child abuse. If your case involves infidelity, you want a divorce lawyer with experience handling cases involving infidelity.

• How many cases do you handle at one time? You want to make sure your divorce lawyer has enough time to truly devote himself (or herself) to your case. If it seems like your divorce lawyer has too many cases on his plate, you might be better off choosing someone else to manage your case as you deserve your lawyer’s full attention.

• How much is this going to cost and what is your billing schedule? A lot of clients are nervous to ask about billing, worrying that such questions might come across as tacky. Don’t be worried. It’s important that you know how much your lawyer is going to charge you and how the lawyer’s billing system will work. This needs to be discussed in detail so that there are no nasty surprises later.

• How long will my case take? There’s nothing more frustrating during a divorce case than unexpected delays. Ask your Florida divorce lawyer how long he expects your case will take to be completed. Sure, there are many parts of the process that are out of your attorney’s control, but you want to make sure your lawyer is working hard to keep your case moving forward.

Print these questions out and take them with you to your initial consultation with a potential divorce lawyer.

Important Information On Wisconsin Personal Injury Lawyers

A Wisconsin personal injury lawyer is an individual whose job is to provide legal representation to people who have suffered psychological or physical injuries as a result of negligence by another party or entity in Wisconsin. The Wisconsin personal injury lawyer is not only knowledgeable but experienced in tort law. This is a branch of law that deals with civil wrongs as well as economic and non economic damages to the rights, property or reputation of a person. It is worth noting that a Wisconsin personal injury lawyer is trained and licensed to work in any law field. However, they usually handle cases that are under the jurisdiction of tort law.

A Wisconsin personal injury lawyer has numerous responsibilities that encompasses not only the codes of conduct set in the bar associations where they are licensed but also the ethical and professional rules. After the Wisconsin personal injury lawyer is licensed by the bar association to practice law, he/she is given the legal permit to file complaints, argue cases in state courts, give advice to Wisconsin personal injury victims and also draft legal documents. A personal injury lawyer Wisconsin is also a plaintiff attorney. It is the responsibility of the Wisconsin personal injury attorney to interview new clients and determine the legal matters at hand by conducting an evaluation of their cases.

To work as a Wisconsin personal injury attorney, it is imperative that you pass the written examination set by the bar. In some instances, the Wisconsin personal injury lawyer is required to sit for a written ethics test. To qualify for the written examination, you need to be in possession of a bachelor’s degree in law from an ascribed university. Once a Wisconsin personal injury lawyer is admitted to the bar, it is important that he/she stays up-to-date with developments in the field of law. The Wisconsin personal injury attorney is to do this by completing several courses in what are referred to as CLE or continuing legal education.

After a Wisconsin personal injury lawyer gets his/her practicing license, he/she is free to seek employment in an established firm or start a small firm. There are dozens of firms where a newly qualified Wisconsin personal injury attorney can send his/her job applications. Clients prefer attorneys with their own practices as they give more personalized services. You are guaranteed of a one-on-one interview with a Wisconsin personal injury lawyer who runs a solo practice. Moreover, their fees are considerably lower.

If you are looking for the services of a Wisconsin personal injury lawyer, the internet is the best place to look. Most, if not all, of them advertise their services online with the aim of reaching more people. Some attorneys go as far as advertising on television. Still, another place you can look for the lawyers are professional magazines. If you have a close friend or relative that has used the services of a Wisconsin personal injury notary in the past, you should also talk to them. They are best placed to tell you where to find a good lawyer.

What You Need to Know for Your Initial Consultation with a Divorce Lawyer

If you’re facing a divorce, your world is probably a little upside down right now. It’s a very jarring experience to go through a divorce. You have to start thinking about life after divorce, figure out your finances, deal with all of the emotions swirling through you, and hire a lawyer to handle your case.

With so much to deal with, the one thing that shouldn’t be overwhelming or stressful is meeting with a Florida divorce attorney. After all, it’s the attorney’s job to make your divorce easier on you…to reduce your stress.

Of course, before you hire a divorce lawyer, you need to meet with the lawyer to ensure they’re the right choice for you. This involves an initial consultation. Knowing what to expect during your consultation with a potential divorce attorney will prepare you to get the most from the consultation so you can make an informed decision that’s truly in your best interest.

The first thing you need to do is show up to your first consultation with the right documents. Some of the things you should bring include: the last few years of tax filings, your most recent W-2, any evidence you might have of marital misconduct, retirement statements, financial statements (bank statements, credit card bills, etc.), list of property, legal documents, and anything else your divorce lawyer requests.

Why are these documents so important?

Because they help the attorney understand your average income and assets so that he or she can work to ensure fair division of property and support arrangements for your divorce.

You also need to be prepared to ask your lawyer a number of questions to determine if this truly is the best divorce attorney for your case.

Some questions you need to ask are:

• How long have you been handling divorce cases in Florida? You need a lawyer that has been practicing family law in Florida for several years. Florida divorce laws are different from those in other states, so make sure your lawyer has the right experience to handle your case without any mistakes being made.

• Have you handled a case like mine? Every divorce case is different. Your case may be centered around some specific element (e.g. marital misconduct, child abuse) that requires a unique approach. You want to be certain the lawyer you choose has worked on cases that are similar to yours.

• What approach will you take with this case? Every lawyer has his or her own style. Some lawyers are really aggressive; others are laid back. And other lawyers bring a balance, allowing them to be as aggressive as necessary to protect your rights and secure a positive outcome to your case.

• How much do you charge? Rates are very important. You need to know if you can afford to hire the attorney, and you need to understand how the attorney will bill you so there are no surprises later.

With this information, you’ll get much more from your initial consultation with a divorce

Minneapolis Assault Lawyer : To Protect An Individual’s Rights

Being embroiled in a court case can take years at times to get dissolved. As a responsible citizen it is important for an individual to adhere to the law. However, many a times unwittingly or due to unfortunate circumstances people find themselves facing charges for illicit activity. Irrespective of the level of crime or severity of the situation, finding a reputed lawyer like the Minneapolis assault lawyer is mandatory. In general to undertake a general lawsuit in a court house involves lots of procedure and formalities. Understanding the complexity of the nature a reputed lawyer like Minneapolis assault lawyer will advise you on the severity of the situation and suitable course of action to be undertaken to protect an individual’s right.

When facing a legal charge first and foremost thing a person should do is keep a calm mind and analyze the next step which is to be taken. When facing felony charges, the severity of the punishment and outcome of the case is determined by many factors. A simple case of theft like shop lifting can have serious consequences and can result in hefty penalty and sometimes even sentenced to prison if proved against the individual. When looking for an attorney an individual should look for a lawyer who has in-depth knowledge and good experience in theft and other related cases like the Minneapolis theft lawyer. The attorney will take every step necessary in order to protect their clients’ right and provide you with all legal assistance to give you maximum protection.

One of the common cases an individual comes across is driving under the influence (DUI). Even drinking a beer and driving comes under DUI and have serious penalties. The punishment may include serving jail time, heavy fine, and cancellation of driving license. The level of punishment increases dramatically depending on the number of times being booked for driving under influence sometime even leading to permanent loss of driving privileges. The license needs to be renewed within 30 days or else will be counted against the individual in future DUI charges. It is important to contact an experienced attorney like Minneapolis DWI lawyer on an immediate basis. The Minnesota DWI attorney will try their best to dismiss the charges or minimize the penalty and possibly no jail time depending upon each individual’s case.

Minneapolis theft attorney are available 24 hours seven days a week to assist an individual in need. Minneapolis assault attorney will give the case their complete attention and will try their best to defend your rights. It is easy to come under assault charges, an individual can come under charges for being present in the scene of crime. An individual can be charged with assault without having actually hit anyone. Or being provoked to get into fight, legal charges can be implemented for threatening or attempting to cause bodily harm. Minneapolis assault attorney will do a thorough analysis of an individual’s case and will prepare a strong defense to represent in the court to increase an individual’s chances of winning.

How to Find a Good accident lawyers in Denver

There are numerous commercials of accident lawyers in Denver calling out on victims of automobile accidents or those hurt within their work environment all over the televisions. However, none has bothered to demystify who the personal injury attorney in Denver is, the group of persons these attorneys represent and how to find a good personal injury attorney for your self.

So before getting to how to find a good injury attorney in Denver let is first understand who these attorneys are and the people they represent. Personal injury attorneys mainly represent victims of injuries resulting from the negligence of another person or even a business. This could be in the work place or the roads through automobile accidents or even psychological hurts. The cases could be against individuals or government agencies.
The question then is how do you find the best personal injury lawyers in Denver? The first step is to find an attorney who has experience within the locality where the case will be heard. This is because personal injury laws vary from one locality to the other and this also applies to the courts and court procedures. Secondly, ensure that you find out about that attorney’s reputation in previous related cases before you opt on working with them. This may call for a bit of shopping around as opposed to making a quick pick.

You may also want to consider a Denver personal injury law firm or attorneys who offer trial consultation services for free at the initial stages hence you could books a meeting or two with such, get an insight into the possible outcomes of your case as well as the chances of emerging victorious. Should you be dissatisfied with the proposed possibilities, you can seek another opinion. This should be done keeping in mind that the lawyer attorney is in business therefore you too must get a section of what will come through at the close of the case.

Besides finding contacts of good personal injury attorneys from the yellow pages, you could also enlist the services of the lawyer referral agencies most of which are State Bar Association sponsored hence will connect your with lawyers who are experienced in handling cases that are similar to yours.

Web directories could also be very useful in the search for a good accident lawyers in Denver. However, you should be careful to find an attorney with whom you have a rapport with and have developed a considerable degree of trust for. In fact, finding a good attorney can be equated to finding a personal doctor because even with the personal injury attorney, your life may as well be in his hands.

You may also want to consider the level of training of you preferred attorney as well as, whether he meets that required up to date criteria for practicing including having taken bar exams for the sate in which they will be representing you since these exams vary from one state to the other.