Special Needs Child and Divorce MN

Special Needs Family Law Attorney MN

There are not very many more challenging or more strenuous things than going through divorce and having a special needs child.  There are more things to analyze when you become a single parent of a special needs child which can include future planning, well-being, and protection-all decisions solely counting on you as a custodial parent.

Your Special Needs Child and Divorce

It is the daily living and simple moments that will test your self reliance and capability to parent alone. When there is a special needs child included within a divorce, complication of Child Custody, citation, and child support and property division are undoubtedly more complex to come to agreements.

At Moore Family Law, we know how difficult this time can be in your life. There are many legal issues that must be explored along with the rest of the issues to resolve as part of a separation or divorce process.  Here are a few things to consider while creating the best plan for you and your special needs child:

Visitation schedule – With a family that has a child with special needs- a typical visitation schedule used in most divorces may not work for your family. Special needs children normally require a consistent and structured schedule and a familiar routine.  Make sure to plan for travel and it is important to decided how your child will travel (with a care giver, with your other children or with you)  Keep in mind if you have any special equipment needed to be sent back and forth in between homes.

Parenting plans - When it comes to parenting styles, you and your ex-spouse may have opposing ideas as to what your child’s disabilities and abilities are.  A parenting plan should point out essential information and instructions.  Your ex-spouse might not be aware of giving certain medications, managing behaviors, monitoring foods, adapting to physical surroundings, or understanding specific preferences of your nonverbal child.  Specific details becomes key in discussing with your ex-spouse not only your special needs child, with your other children as well.

Transition planning - When creating a divorce agreement, care must be given to specific issues that come up when your child grows older and transitions into an adult which include guardianship, employment, recreation and social skills, independent living, or custodial care.  Divorcing parents of children with special needs need to be aware that care for the child may perhaps last for the rest of their lives.

Estate planning - Parents with a special needs child need to adjust divorce agreements for the long-term. Use suitable special needs trusts, complimenting with public benefits and in contemplation of gifting plans and long-term care insurance.  Boost your home planning and your financial health to protect your special needs child’s current and future needs and interests.

Moore Family Law understands the unique needs of families with special needs children and adults. Our firm has specific, personal experience with the needs of those with disabilities and we know how the law can be applied to the benefit of you and your child.

About Author

Jennifer graduated from the University of Minnesota cum laude with a bachelor’s degree in speech communications. In 2006, Jennifer achieved her life’s dream; owning her own family Law MN practice. She practices every day as Divorce Attorney MN with the intention of representing her clients’ future.

Pets In Divorce

                                                

Pets are a hot button in divorce. There are two questions about your pet that are relevant to your divorce in Minnesota: (1) who will be awarded the pet? And (2) what is the value for the pet that should be placed on the marital balance sheet?

The value of your pet is not the cost that paid to adopt him or her. It is the value that you could get on the open market. Your pet is an asset in the eyes of Minnesota law.

That doesn’t mean that your pet doesn’t have sentimental value to you. In fact, it is not so easy to answer the question who should be awarded the pet. The Court will likely consider the effect that separation will have on any children involved in the case. The Court may also consider the fact that many pets do not move well. More likely, the Court will refuse to deal with the issue at all, or will deal with it in a very dismissive way that will not make you feel heard.

As my Divorce Lawyer advice to clients is to consider whether their pet will be well cared for in their spouse’s home. If so, I suggest that there is no way of guaranteeing a desired result, and that you almost always pay a premium for emotional attachment (or blackmail). The thing about pets is that they live with us for a limited time, and when they are gone, we’ll never forget them, but we may very well welcome a new pet into our lives.

About Author

Jennifer graduated from the University of Minnesota cum laude with a bachelor’s degree in speech communications. In 2006, Jennifer achieved her life’s dream; owning her own family Law MN practice. She practices every day as Divorce Attorney MN with the intention of representing her clients’ future.

Uncontested Divorce

Uncontested Divorce: How it works

Uncontested divorce is the process most people divorce. It’s simple and inexpensive, and it allows you and your spouse the chance to end your marriage quietly. Below is an explanation of how uncontested divorce works.

Advantages of Uncontested Divorce

The most evident advantage of Uncontested Divorce is its cost. An uncontested divorce that stays uncontested divorce is almost always the least expensive path to divorce. Another advantage of uncontested divorce is the low level of conflict between you and your ex-spouse as it offers a way to keep it straight-forward.

Agreements between you and your ex-spouse reached in an uncontested divorce and filed with the court will be a matter of public record, but the disclosures you make to each other do not have to be- nor do the assorted proposals you go over as you negotiate and the agreements that are acceptable to both of you.

How Uncontested Divorce Works

First thing to note about uncontested divorce is that the lawyer you get cannot represent both you and your ex-spouse, because we assume that the spouses in a divorce have different interests that they bring to the table. Ethically speaking, a lawyer must represent one of you and not the other.

At Moore Family Law, our work begins with a brief in-person consultation which is free of charge, in most cases. If we are comfortable working together, we can begin to plot a course of action designed to address your specific needs, as well as those of your family. If certain changes arise, they can easily be fixed if needed as long as both parties can agree on what they should be.

We know that each case is different, and we tailor our services to the needs of each case. Not every case ends up in court. We will work with you, your family and other attorneys to obtain the best and most efficient resolution possible.

The Essential about Uncontested Divorce

An uncontested divorce is when both members of a couple usually already have their basic divorce agreements figured out. This indicated that they are not discussing important issues such as property division or the payment of alimony.
Benefits of Uncontested Divorce

There are some benefits to filing for an uncontested divorce. The process is typically quicker. For both parties, this means a reduction in legal bills and in court fees. Uncontested divorce can end faster because most of the major issues have already been discussed with the two parties.

However, if one party despite any aspect of the divorce or files paperwork against the proceedings, the divorce will become contested. An example of this could be if one spouse wants to dispute the payments of alimony.

Also, if either side of the party agrees to the uncontested divorce, or fails to make an acceptance, it can be granted by the court. If the other spouse does not agree to terms and makes the essential court filings, the uncontested divorce cannot continue or be granted.

Although divorce of any kind can include some conflict, continuing the path with an uncontested divorce can lower the amount of conflict between the parting couples by simply offering fewer opportunities for conflict to come up.  Because there are fewer demands for information going back and forth between the parties, conflict between the two can be minimized.

Uncontested divorces are typically offered to couples who have no remaining disagreements regarding the basic divorce issues which include child-custody, property division and spousal support. Similar to contested divorce, uncontested divorce starts by one side filing for divorce. Uncontested divorce normally has efficient and straight-forward paperwork, in which property and child custody information is already filed, along with a statement of the grounds for divorce.

Disadvantages to Uncontested Divorce

Couples who have children, complex, or disputed property arrangements, or think they will have disagreement should strongly contemplate whether uncontested divorce is right for them. The tradeoff for simplicity and reduced costs through uncontested divorce may come at the cost of being able to satisfy complicated custody divisions, as well as complicated property distributions or spousal support arrangements.

Couples who have children must take additional filing steps in regards to the child’s custody if pursuing uncontested divorce. Resolving child custody complications calls for the more detailed methods which are offered in a regular divorce.

The goal of Moore Family Law is to embrace and surround clients with a shield of legal work that protects them as if they were family. We
work to empower our clients to make the best possible choices for their family and to create their best possible future

About Author

Jennifer graduated from the University of Minnesota cum laude with a bachelor’s degree in speech communications. In 2006, Jennifer achieved her life’s dream; owning her own family law practice. She practices every day as Divorce Attorney MN with the intention of representing her clients’ future.