What It Means To Be Legally Separated In Minnesota
In this article, you can discover:
- How your rights and obligations are affected by a legal separation in Minnesota.
- What risks a legal separation can pose to your assets – and how to avoid some of the negative aspects of this tool.
- The benefits of filing for legal separation in Minnesota.
What Does A Legal Separation Mean Under Minnesota Law?
Legal separation is very similar to divorce under Minnesota law. In fact, the same laws that govern divorce apply to matters of legal separation. But how is this possible, and what does it mean for you?
The laws that deal with divorce and separation are part of the same statute. So while legal separation does not end the legal bond between you and your spouse, it can provide some formal structure as you decide how to move forward.
Legal separation is often used to create financial separation and install a legal framework for the care of children. By formally separating, your rights and responsibilities will be laid out in writing. This way, both you and your spouse can operate from a place of mutual understanding and respect.
What Is The Difference Between A Legal Separation And A Legal Divorce In Minnesota?
The major difference between divorce and legal separation is that a divorce will end your marriage, while a legal separation will not.
You should keep in mind: If either you or your spouse decides to ask the court for a divorce during the separation process, it is very likely that the court will grant the divorce instead of your legal separation.
In any case, the court is required by law to grant legal separation to any couple able to show reasonable grounds for the request.
How Does Legal Separation Affect Custody In Minnesota?
Going through a legal separation? It’s a big deal. It touches on just about everything in your life and can be especially challenging when kids are in the picture. In Minnesota, the child custody scene is treated very similarly to going through a separation in divorce court. It’s really important to have a legal separation attorney who knows how to help guide you through this tricky path and make sure your kids’ needs are front and center.
When talking about legal separation in Minnesota, the court’s going to look at a few different things. They’ll consider what you want. However, they will also consider what the other parent wants. Further, if your children are old enough, they’ll think about what they want too. The court may even look into who’s been taking care of the kids up till now or how close the kids are with each of you, along with how well they are doing at home, school, and in their community. The goal here? To come up with a custody plan that’s stable and meets all of your child’s needs—emotionally, physically, and educationally.
Now, this is where having a top-notch legal separation attorney really comes into play. We’re here to help you understand all the intricate legal details, fight for your rights as a parent, and work towards a custody arrangement in your child’s best interest.
So, whether you’re just starting to think about legal separation or you’re right in the middle of it all in Minnesota, it’s important to have an experienced legal separation attorney on your side. They’ll help you navigate through all the custody negotiations and make sure your parental rights are protected.
With the right legal help, you can work towards a custody arrangement that looks out for your children’s well-being and keeps life as normal as possible, even while sorting through the legal separation.
How Long Does Legal Separation Last Under Minnesota State Law?
Legal separation doesn’t have an expiration date under Minnesota law. This means that if you are legally separated and you or your spouse pursue a legal relationship with another partner – to marry someone else, you will have to go through the process of divorce first.
What’s more, while legal separation is the right course for some, it can create huge roadblocks later on for others.
For example, I saw a client whose spouse had filed for legal separation while he was out of state. Under the order of legal separation, the spouse who filed was able to secure a majority of the marital property in her name. Then, when the couple went to get formally divorced, there wasn’t much left over in the marital estate to go back and divide.
For this reason and many more, it’s always advisable to speak with a family law attorney who can counsel you throughout your legal separation and protect your best interests.
If A Couple Decides To Reconcile, Would They Have To Go Back To Court To End Their Legal Separation?
Legally separated couples who decide to stay together aren’t required to submit any filing to the court. Because legal separation has no expiration date, it becomes more of a guideline for the parties than a “state of being”.
That being said, if you are looking to pursue legal separation in the first place, it’s important to put thoughtful intention into the structure of your separation.
For example, if you are looking to buy property while legally separated, it’s a good idea to speak with an attorney. Since your marriage is still legally binding, it’s important to take precautions that will protect a prospective asset from falling into the category of marital property.
Your attorney can help you draw up terms that deal with issues such as:
- What are each party’s responsibilities to the property?
- What authority over the property does either party have?
- Will you own the property as joint tenants?
- Will you own the property outside of your marital estate?
- And more…
As you can see, there are still many legal implications present for each individual in a legally separated marriage. By working with a family law attorney, you can ensure that your future well-being is protected at each step of the way.
- Why Moving Out Of The Marital Residence Prior To A Divorce Is Not Considered Abandoning A Property In Minnesota?
- When A Stay At Home Parent May Not Be Automatically Favored In A Custody Award In A Divorce
- Why It May Be Challenging For A Stay-At-Home Parent To Initiate A Divorce
What Are The Legal Benefits To A Legal Separation?
The benefits of legal separation will be as unique to any person as you are. In some cases, legal separation is about getting space and having a structure in the meantime. In other situations, legal separation gives both people in a marriage an opportunity to preserve their rights.
In one situation, a client was financially supported by her parents. When her parents decided to invest in an asset, they requested that she file a legal separation from her husband. Why? So that if the couple ever decided to divorce, the property would be excluded from their marital estate (and therefore protected from the husband claiming half in a divorce).
Legal separation can provide people with the opportunity to have separate estates, and individual legal rights. Though this can be a very useful tool, it should be used carefully and thoughtfully.
For more information on Legal Separation Cases In Minnesota, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (763) 284-5552 today.