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Shakopee Legal Blog

Debunking common prenup myths

People use prenups more now than they used to, and the basic stigma around them has changed. Part of the reason may be the way that people now accept divorce as a possibility and a potential outcome, rather than a personal failing. They understand that divorce is sometimes the best option -- in cases of financial, emotional and even physical abuse, for instance -- and that it is statistically fairly likely. With this in mind, prenups are not a way to admit that your marriage will fail, but a way to protect yourself if it does.

However, it is often hard to change some of these deep-seated ideas, and this gives rise to a lot of myths since people have resisted prenups and do not understand them. Let's break down a few of those myths.

What's exempt from liquidation in Chapter 7 bankruptcy?

Filing for bankruptcy could have you feeling like you're in the middle of a 1980s "rags to riches and back to rags again" type of movie. We all remember the scene from Rocky when the banks came to collect all of the expensive luxury items he had in his home. The thing is, bankruptcy isn't like this for most people, and you'll probably be surprised by the property that is exempt from liquidation.

Bankruptcy isn't meant to leave you penniless and possession-less. It's supposed to give you a fresh financial start on firm and solid ground, so you'll get to keep the things that are essential to your life. In most cases, you can keep your car, furniture, clothing and other necessities -- even some of the equity you've built up in your home.

Did you receive an unfair child custody decision?

Losing your child custody battle can be devastating, but if the judge who decided your case made an unlawful or unfair decision -- or if something went wrong during the litigation process that falls outside of the law -- you may be in a good position to appeal the results of your case. Although not many child custody decisions provide the factual backdrop to support a child custody decision appeal, these scenarios are not unheard of.

When can I file a child custody decision appeal?

What's the right kind of parenting plan for you and your family?

If you're a parent with young children who is facing divorce proceedings, one of the most important decisions on your mind probably relates to child custody. Should you adopt a 50-50 parenting structure where your children live with you half the time and your spouse the rest, giving your children the benefit of equal time with both their parents? Or, should you do an every-other-weekend plan and have your children live in one home?

Let's take a closer look at these two parenting agreement strategies, including the benefits and advantages of both:

My car was repossessed: Can I recover it?

If someone is late on his or her vehicle loan payments, it could result in the bank taking possession of the car. After the car loan goes into default, the bank will contract a repossession man or woman to arrive -- usually when you least expect it -- and commandeer your car.

Your bank has the legal right to repossess your car if you become delinquent on your loan. However, there's one way to stop vehicle repossession: Filing for bankruptcy.

When the Government Wants to Take (or Use) Your Property

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Many people have heard of condemned property, or eminent domain. That is the government's power to take or use privately owned property if it is for a "public purpose." Expansion of roads or construction of controlled access interchanges is generally considered a public purpose if conducted on public roadways. An example of one such project is that currently underway on Highways 169 and 41 in Scott County, Minnesota. Utilizing federal funding, Scott County is seeking to change access to U.S. Highway 169 by constructing overpasses and interchanges. To complete the project, Scott County will need to acquire and use adjacent property owned by private individuals and businesses.

Is there a good time of year to end a marriage?

According to a psychiatrist from the Advocate Medical Group, different times of the year could put more strain on a relationship than others. In fact, most Minnesota divorce lawyers will tell you that January and February are among the most popular times for couples to initiate their divorce proceedings. So, if you're considering divorce in the beginning of the year, you're not alone.

Start your estate planning now for peace of mind

There's always a new reason you can invent to avoid planning your estate or creating your last will. You may hope to add new members to your family or think about acquiring new assets in the next year or two, such as a vacation home. Surely, you tell yourself, it's better to wait to have that all handled before starting to create a will or estate plan.

In reality, your family and assets will always be in a state of flux. Babies are born, while other people leave via divorce or death. If you wait until nothing in your life is going to change to create a will, you won't ever get around to this critical task. If you plan to marry soon, have children or own substantial assets, such as a house, you should take the time to plan your estate now. You can always update it in the future.

Deciding where you are going to live after the divorce

When you are in a divorce, there are many major decisions to make. As a CBS MoneyWatch article notes, one of the more fundamental ones is the decision of where to live moving forward.

There are generally two main choices for a post-divorce living situation. You could either keep living at the home you were in during the marriage, or you could move to a new place. Each of these routes has a set of additional decisions connected to it.

If you decide to pursue staying in the marital home, there are decisions to make on what sort of arrangements to try to reach with one's ex regarding things such as the ownership of the home and who will cover mortgage payments moving forward. If you decide instead to move to a new place, there are decisions such as whether to buy a new home or instead to rent a place.

Why You Need a Lawyer for Contract Management

Lots of small businesses forego counsel at their peril - not always because of conscious choice, but frequently out of naïveté. Owners and managers of businesses of all stripes often overestimate their personal talents in contracting by conflating their strong skills in negotiation and fostering business relationships, which they are often strong at, with strength in contract drafting - the process of reducing an agreement to an enforceable writing. One "cardinal rule" of negotiation is don't give your number first, that way you make the other side set the ceiling on the negotiations. However, a cardinal rule in contract making is the drafter starts at a position of dominance - there is a first strike advantage.

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