Top 5 Divorce Myths

There are a lot of misconceptions about the divorce process, laws, marital property division and court decisions. Here are five common myths regarding divorce and some laws in Minnesota.

1. Court Orders are Guidelines to be Followed, not Rules to be Obeyed

Court orders are not guidelines; they are decisions requiring compliance. If your financial or parenting circumstances have changed, you must either sign a written agreement with your ex stipulating changes to the agreement or you must request a modification through the Court. If you fail to follow a court order, you could be held in contempt.

2. The Court Will Side With You if Your Spouse is to Blame for the Breakup of Your Marriage

Minnesota is a “no-fault” state, which means that the Court does not factor in blame when deciding divorce cases. If your spouse had an affair or is to blame in some other way for the breakup of your marriage, you may be tempted to bring up his or her actions in court in hopes that the Court will be more inclined to side with you on contested issues. While fault may be relevant and impact Court decisions in some states, establishing fault will not impact how the Court views your case in Minnesota.

3. You Should Transfer Your Marital Assets Before You File for Divorce

Selling or transferring marital property in anticipation of a divorce is not an advisable strategy for protecting your share of the marital assets. Doing so could result in an order to compensate your spouse for the value of the sold or transferred assets. If you are concerned about receiving a fair property division, you should discuss your concerns with your attorney.

4. You Should Never Compromise or Negotiate During a Divorce

Refusing to compromise or negotiate during a divorce will likely lead to a lengthy and expensive trial. Seeking common ground on smaller issues can help move your case along and enables your attorney to focus her time on assertively protecting and advocating for your interests on other contested issues.

5. Your Attorney Doesn’t Need to Know About Your Past DUI or Domestic Violence Charge Because it Happened Years Ago

Your past may affect your current situation in a myriad of ways. Past guilty pleas or convictions for crimes that involve dishonesty can be used to call into question your truthfulness during a divorce or custody proceeding. It is imperative that you be absolutely candid with your attorney about your history so that she can provide you with the strongest advocacy possible.

Minneapolis, MN divorce attorney Geri Napuck delivers personalized representation to the Twin Cities. She practices exclusively in the area of family law and has extensive experience representing clients in divorces, child custody issues, parenting issues, property division, spousal maintenance, post-divorce matters, paternity and most recently has added pet mediations to her list of mediation services.