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Protecting Your Rights During a Legal Separation

If you and your spouse seek a legal separation, the court can rule on issues such as child custody and support, spousal support, property division and other such issues, just as it would during a divorce. However, during the separation the spouses are still legally married and are not allowed to remarry without a divorce.

It’s important for parties to a legal separation to be aware of their rights. Here are a few of the issues that most commonly arise during legal separations:

  • Alimony: The spouse with custody of the children will receive child support at least in some amount, but alimony is not a guarantee. It’s important to be familiar with the terms of your separation to know whether either of you is entitled to temporary alimony during the separation.
  • Living situation: Which party has the rights to the family home? Does the other spouse have the right to remain in that marital home during the separation? Who will be in charge of paying for the mortgage? The separation agreement should cover the living situation in detail so both parties are on the same page.
  • Debts: The alimony agreement should clearly spell out responsibility for debts that are still owed.
  • Child support: How much will the non-custodial spouse pay in child support, if there are any minor children?

To learn more about the rights you should be aware of in a legal separation and the steps you can take to enforce them, contact a reliable Minnesota family attorney at Appelhof, Pfeifer & Hart, P.A.

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Client testimonials
  • "Tori had a thorough understanding of my situation and made excellent recommendations to resolve my concerns. She was persistent on communication and handled everything in a very timely manner. I would definitely hire her again in the future if needed." - M.K.

  • "With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.

  • "Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.

  • "I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.

  • "Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties.Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.

  • "I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.


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