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How Do I Protect Myself Against False Abuse Allegations in Minnesota?

If you fear your spouse may make false claims of abuse against you, in order to get you quickly ordered out of the house, or to gain an advantage in a custody dispute, there are a couple of things you can do to help protect yourself:

  • Never let your spouse suck you into a fight -even a verbal one. Once it starts getting heated, just withdraw from your spouse’s presence. While this won’t protect you against a spouse who is willing to make up a false abuse allegation out of whole cloth, it will protect you from a spouse who is trying to set you up to do something which will allow him or her to claim s/he was physically harmed or put in fear of imminent bodily harm.
  • While this is not always feasible, it is ideal to always have a friendly witness present whenever you are in the presence of your spouse or significant other.
  • Although it probably wouldn’t be feasible to do around the clock, if you are afraid of a false abuse allegation arising out of a particular encounter, you can protect yourself by videotaping the encounter.

* THE INFORMATION IN THIS ARTICLE IS NOT ADVICE FOR YOUR PARTICULAR CASE. ALSO, THIS INFORMATION APPLIES ONLY TO MINNESOTA LAW, AND NOT TO THE LAW OF ANY OTHER STATE OR COUNTRY.


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Minnesota courts look at many factors in deciding spousal support amounts. A spouse may be entitled to maintenance if he or she cannot support himself or herself despite any marital property received after distribution. Financial resources, employment, education and the personal circumstances of each spouse are considered. A court examines several factors to determine if maintenance is appropriate, and if so, how much and for how long. They include (1) the duration of the marriage, (2) the standard of living enjoyed during the marriage, (3) each spouse's age and health, (4) each spouse's assets, income or ability to earn income, (5) the time needed for the requesting spouse to receive training or education and obtain sufficient employment in order to support himself or herself and (6) the owing spouse's ability to pay. A court can order temporary support while the divorce is pending. Most maintenance is ordered for a specific length of time. Once maintenance is ordered, it can be modified upon a showing of a substantial change in circumstances.
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