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How Do I Prove My Spouse is Crazy in a Minnesota Divorce Case?
From time to time a client will come to me, excited that he or she has figured out a sure-fire way to win custody, because he or she has personally diagnosed the spouse with Borderline Personality Disorder (BPD), Parental Alienation Syndrome (PAS), or some other mental illness.
Unfortunately, nobody is going to take your word for it. For such an argument to carry any weight whatsoever, you will have to obtain a diagnosis from a qualified professional. This normally is accomplished through the custody evaluation process. Other times, you may need to hire your own expert.
* THE INFORMATION IN THIS ARTICLE IS NOT ADVICE FOR YOUR PARTICULAR CASE. FOR GUIDANCE ON YOUR SITUATION, CONSULT WITH ERIC C. NELSON, ATTORNEY. ALSO, THIS INFORMATION APPLIES ONLY TO MINNESOTA LAW, AND NOT TO THE LAW OF ANY OTHER STATE OR COUNTRY.
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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