The Mn Criminal Defense, Personal Injury & Family Law Blog
Did No-Fault Divorce End Saturday Morning Cartoons?
January 1, 2019
2019 is a big year for comic book movies. Captain Marvel (Carol Danvers) is one of the few female superheroes in the Marvel universe, and Avengers: Endgame is actor Chris Evans’ swan song as Captain America. The continued popularity of these films makes some people wonder why your favorite heroes are no longer on the small screen every Saturday morning.
The proliferaion of no-fault divorce laws may have something to do with the demise of Saturday morning cartoons. The divorce rate skyrocketed in the 1970s and 1980s. As a result, many part-time parents were no longer willing to let their children spend hours in front of the television.
Other factors, such as the rise of cartoon-only cable networks and changes to TV content requirements, also pushed Spider-Man and other comic book favorites into TV oblivion.
The Pros and Cons of No-Fault Divorce
Today, Minnesota is a pure no-fault state. Buffalo divorce lawyers may only claim irreconcilable differences as a basis for marriage dissolution. Only one spouse must testify that the relationship has hopelessly broken down and there is no reasonable expectation of reconciliation.
Some people claim that no-fault laws ruin families because they make divorce too easy, but the declining divorce rate belies that contention. The pure no-fault law does keep Buffalo divorce lawyers from obtaining a judicial declaration of fault (e.g. adultery or cruelty), and in some cases, that’s a big deal.
Overall, however, no-fualt divorce is probably a good thing. The law shifts focus away from the parents and onto the children. Additionally, parents no longer need to air their “dirty laundry” in front of Buffalo divorce lawyers and everyone else. That’s especially important if children are involved, because the ex-spouses must still be effective co-parents.
Perhaps most importantly, no-fault divorce forces the parties to focus on the substantive issues in the case. Some of these issues are outlined below.
Common Issues in Wright County Marriage Dissolution Cases
Child custody and visitation matters often revolve around the distinction between caregiver and breadwinner spouses. Once upon a time, the differnce was almost always crystal clear. One parent stayed home with the kids and the other one worked full time. Some marriages are still like that.
But for the most part, these parental roles almost always overlap, at least to some extent. The relative division of labor often dictates the division of parenting time. Child and spousal support help alleviate these differences, but they still matter.
The listed best interest factors also matter here, and the Legislature recently changed them. Some prominent factors include family stability, the children’s physical and emotional safety, the needs of each child, and the abilities of each parent.
Especially in long marriages, commingled property may be a significant issue. Assume Jane uses a wedding gift from her parents to fix up a rental house that belongs to Alicia. Depending on several factors, such as the gift’s amount and the rent house’s condition, that house could be Jane’s non-marital property, Alicia’s non-marital property, or marital property that Jane and Alicia must divide equitably.
There’s more. The increase from non-marital property is also non-marital property. So, if a Wright County judge awarded the house to Jane, Alicia would have to pay Jane all the back rents she collected since the date of the transfer. Jane would also be entitled to all future income.
Buffalo divorce lawyers must also deal with spousal support. Minnesota’s laws on this subject are quite subjective. Determining the obligee spouse’s economic need and the obligor spouse’s ability to pay is often a time-consuming process, especially since the tax law changed radically on January 1, 2019.
How a Buffalo Divorce Lawyer Guides Your Case Through the System
Almost all marriage dissolution cases settle out of court, and that settlement could occur at any time. But most cases follow the same general outline.
Roughly two weeks after the divorce petition is filed, the judge usually enters temporary orders. This temporary hearing may be the most important phase in the divorce case. These orders often form the blueprint for the final orders. Unless your Buffalo divorce lawyer is well-prepared and very assertive at this stage, you will be playing catch-up for the rest of the legal proceeding.
Discovery is important as well. Unless both parties lay all their cards on the table, it’s impossible to forge a fair settlement agreement. So, the discovery process is often quite time-consuming, especially if the other spouse tries to conceal assets. To keep that from happening to you, look for telltale signs like the cessation of e-mail account updates, business correspondence with unfamiliar company names, and sudden changes in tax withholding levels.
If you think all these things sound financially and emotionally exhausting, you are not alone. So, many Buffalo divorce lawyers focus on non-litigation solutions, such as mediation and collaborative law.
Partner with Assertive Attorneys
A no-fault divorce is almost never a quickie divorce. For a free consultation with an experienced Buffalo divorce lawyer, contact Carlson & Jones, P.A. Convenient payment plans are available.