Divorce Questions?
Q: A friend is seeking a quick divorce after 5 years. The husband has agreed not to contest (at least, so far). There's one child, a house, two cars and $6,000 in cash. One spouse has moved out. The plan is to sell the house and divide the proceeds. Four questions: 1. Does there need to be a separation, or can divorce papers be filed and acted upon right away? 2. $5,000 of the cash was inheritance from grandfater while married. Is that portion exempt from marital assets? 3. Should the wife seek full custody of the child? She's moving up the corporate ladder...and a few years from now is likely to be transferred to another state. 4. The wife earns twice what the husband earns. Is she entitled to more than half of the marital assets, most of which she paid for? The state is Minnesota.
A: Four questions: 1. Does there need to be a separation, or can divorce papers be filed and acted upon right away? A legal separation is not necessary. 2. $5,000 of the cash was inheritance from grandfater while married. Is that portion exempt from marital assets? Maybe. Maybe not. It depends on the specifics of the bequest, and how the money was handled once inherited. This is a question for a divorce lawyer. 3. Should the wife seek full custody of the child? She's moving up the corporate ladder...and a few years from now is likely to be transferred to another state. Your girlfriend can ask for what she wants, but Minnesota courts