How do I pick the right divorce lawyer?
Consulting with an attorney even before you begin the divorce process will help you avoid mistakes. It is important that you ask pertinent and important questions. Remember, your attorney is the link between you and your future relationship with your children and your assets, so spend time selecting the attorney that is right for you.
What if I own a business?
Minnesota law, as it relates to marital versus non-marital property, states that all property acquired during the marriage by either party is presumed to be marital. So, a business started after marriage is generally considered to be marital property. Even an increase in the value of a business owned prior to the marriage can be considered marital property and therefore is subject to division. However, there is a distinction between active and passive appreciation. Be sure to ask your attorney about this.
Will I need to consider a new estate plan?
Absolutely. If you do not have a new estate plan, your assets may not end up with the people you want to receive them. A core estate plan typically consists of a Will, a Power of Attorney and a Health Care Directive.
Jonathan J. Fogel, Attorney at Law