Jennifer R. Lewis Kannegieter

Divorce

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New York Becomes 50th State to Recognize No Fault Divorce

New York recently became the 50th state to enact some version of no-fault divorce legislation.  No-fault divorce allows couples to seek a divorce based upon an “irretrievable breakdown” of the marriage, “irreconcilable differences,” or simply “things are not working and we want a divorce.”  California was the first state to recognize no-fault divorce in 1970.

Prior to the introduction of no-fault divorce, a person seeking a divorce would have to prove his/her spouse was at fault, based upon such grounds as abandonment or adultery.  A judge would hear these allegations, and the other spouse could provide defenses.  The judge would then make a decision based upon whether the first spouse had proven the second spouse was at fault.  If so, the first spouse was entitled to a divorce.  In some cases, a judge could decide both spouses were at fault, and as such neither spouse was entitled to a divorce.

No-fault divorce allows divorcing couples to divorce amicably and without the need to air dirty laundry or make accusations.

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Minnesota Divorce and Bankruptcy: An Introduction

Today’s post is a guest post by Elizabeth Rosar Chermack. Liz is a Minnesota bankruptcy attorney providing compassionate and practical advice to her clients. Liz is the author of the Minnesota Bankruptcy and Housing Blog.

Bankruptcy and divorce often go hand-in-hand. Sometimes financial problems lead to the breakdown of a marriage. Other times the breakdown of the marriage causes the couple to have to file for bankruptcy. When a couple goes from running one household together to living separately, their expenses increase. Now there are two rent payments, two sets of utilities, two kitchens to keep stocked. The process of divorcing can also lead to increased expenses.

Sometimes one spouse may not have been forthcoming about the debt that was incurred during the marriage. The other spouse may feel betrayed when they realize that their spouse hid massive amounts of credit card debt from them. This debt could be in one spouse’s name, or it could be a joint debt. The process of identifying and separating this debt can be a burden.

The current housing crisis has resulted in some divorcing couples choosing to file for bankruptcy. The couple’s house may be “upside down” or “underwater.” If neither party is able to afford the house on their own, a foreclosure or short sale may be imminent. A foreclosure on the first mortgage or a short sale could leave a personal liability for a second mortgage. The combination of the couple’s other debts (credit cards, medical bills, etc.) and the negative equity or remaining liability could be enough to cause the couple to file for bankruptcy.

If a divorcing couple has a high debt load, it is important to learn about bankruptcy. Both a bankruptcy attorney and a divorce attorney should be consulted in order to fully understand the available options. There are important things to consider when deciding whether or not to file bankruptcy, and if so whether to file jointly before the divorce or individually after the divorce. These considerations will be discussed in upcoming posts on the Minnesota Bankruptcy and Housing Blog.

This is the first post in a series about Minnesota Divorce and Bankruptcy. To learn more about the interaction between bankruptcy and divorce and how bankruptcy can affect child support and spousal maintenance obligations, check out http://blog.chermacklaw.com throughout the next week.

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The Divorce Generation Grows Up

Newsweek has an interesting article, The Divorce Generation Grows Up,an essay about growing up as the divorce rates increased and the impact of divorce on members of Grant High School’s class of 1982.  I think a lot of us wonder how divorce impacts children in the long term, and also how divorce is changing society.  Unfortunately, we just don’t know these answers, there hasn’t been enough time, there aren’t enough studies, there are too many factors, etc.  But this essay was a good read, with a personalized look at divorce and adult children.         

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Money & Divorce

Figuring out the finances is one of the most important aspects in a divorce.  Not only do you need to figure out how to divide the property (including pensions and retirement accounts) and figure out the cash flow (child support and spousal maintenance), you also need to consider tax implications.  MSN’s article Divorcing? 15 Costly Mistakes has some good tips for divorcing couples.  Gather your financial data, consider the options, work with a professional to run the numbers, and never forget the Tax Man.

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Monticello Divorce Attorney Answers: Can my spouse and I use the same lawyer for our divorce?

No, no, no, no. Lawyers have ethical rules they must follow, including several rules on avoiding conflicts of interest. Even in the most uncontested divorce, there may be inherent conflicts. For example, how much spousal maintenance is paid or how to treat the children for tax exemptions will benefit one party over the other. Spouses may decide to use only one lawyer in a divorce, but in that case one spouse is the client and the other spouse is pro se. The pro se spouse will probably sign a Waiver of Counsel form, acknowledging the fact that he or she is pro se and not represented by the attorney. The pro se spouse may take papers to another lawyer for the limited purpose of reviewing the documents before signing.