Property Division

In a dissolution of marriage in the State of Minnesota assets and liabilities accumulated during marriage are divided in a manner that is deemed "fair and equitable". There is a presumption that fair is equal but equal division is not always the result.

Cases can sometimes involve assets that were dissipated by one spouse to the detriment of the other. In some cases one spouse hides assets from the other over a period of time leading up to the dissolution. In other cases the issues can require the help of an expert for valuation purposes including such situations as where the parties own one or more business entitles. Often times one or both spouses have pension plans that can be difficult to value and require separate pleadings such as Qualified Domestic Relations Orders or QDROs to be drafted and served directly on the pension plans for enforcement of the division of the benefits earned during the marriage.

Other times there can be complex tracing required to determine whether assets are marital or non-marital or a combination of both and to determine the values of the various interests. These issues require the skill of an experienced attorney and sometimes can require litigation due to the amounts in controversy.

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