Legal Question in Family Law in Minnesota

If I am married but going thru a divorce and we filed a joint return, can I legally keep the money from the return to pay for the damages he made in the home before he moved out?


Asked on 2/03/13, 11:31 am

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. In my work as a divorce and family law attorney, the question you ask is not at all uncommon in divorce, particularly when a divorce is contemplated, or pending, during tax season. You state that you are 'going through divorce', so I do not know what you mean by that. Is a divorce in the court system? Are you and your spouse talking about getting a divorce? If I were in your situation, I definitely recommend that you confer privately with an attorney of your choosing about your issues with your spouse, particularly since you state that your spouse owes you money. The work of the attorney includes aiming to ensure that your rights are vigorously asserted and protected to the fullest extent possible under law, and that includes issues of debts that one (former) spouse owes to the other spouse. The wording of the divorce document itself (which is a court Order) is extremely important. It is not commonly known, but attorneys often actually write ('draft') the wording of the divorce, and then the judge (or court referee) reviews the wording created by the attorney (or attorneys) prior to deciding whether or not to approve the wording 'as is', or, to require changes be made by the attorney (or attorneys); the judge (or referee) may make changes to the wording as well. It is essential, in my view, that you have an attorney working for you and your interests. When I work for a divorcing client, it is my job to focus on my client's needs and rights and interests. I recommend that you phone several attorneys to make your selection and chat over the phone for a few minutes with each. It is very important that you feel quite comfortable and very trusting of the attorney you choose to help you during this time. All the best.

Tricia Dwyer Esq

Tricia Dwyer Esq & Associates PLLC

Minnesota Divorce & Family Law

Phone 612-296-9666 every day of the year until 8 p.m. daily

~your finances considered in legal fee, & limited scope attorney help options often available~

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Answered on 2/03/13, 1:31 pm


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