Legal Question in Criminal Law in Minnesota
My step father molested my children. My mother moved out and we pressed charges against him. It's a felony he will be going to jail....it's still in court now. She has filed for divorce. He has responded saying he wants 1/2 her retirement fund (which she had before she met him) and spousal support. Will he be granted that if in prison? He had a job too, until the bus company found out about the charges. So it's not her fault he can't go to work......should she delay the divorce until the trial is over......will it change anything if he's in jail while they get divorced? Such a mess!! Help!!
1 Answer from Attorneys
Much more information would be necessary before responding. Your mother must consult with experienced counsel.
Certainly, all assets are presumed marital and capable of division. The burden falls on the person seeking a different characterization to demonstrate it with evidence. Any asset that was acquired before the marriage would be argued as a premarital asset. If some value accrued during the marriage ,it may have a partial marital and non-marital characteristic.
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