Property can be both marital and non-marital (for example: real estate). If an asset is both marital and non-marital it is sometimes necessary to perform a neutral financial analysis (also referred to as forensic tracing) in order to determine the marital portion and the non-marital portion. With real estate, the financial analysis is referred to as a Schmitz calculation. The Antone case [...]
In Minnesota, more than 50% of all married couples will be divorced at some point. The Divorce and Family Law process can be complicated, and requires experienced legal representation in order to provide the best opportunity for a proper and equitable resolution of the contested issues. Financial issues are frequently the most difficult issues to [...]
Under Minnesota law, there are two types of child custody. “Legal custody“ refers to the right to make decisions about how to raise the child, including decisions about education, health care, religious training and certain activities. “Physical custody“ refers to the right to make decisions about the routine day-to-day activities of the child and where the child [...]
In a Divorce case, a just and equitable division of assets does not need to be precisely equal, and you are not entitled, as a matter of law, to “half of your half”. In many divorce cases, the parties simply agree to divide the assets equally (although there are many valid reasons to divide the [...]
In some Family Law cases, the Judge or Referee assigned to the case makes a decision that may not adequately address the legal issues presented. When a party feels that a Judicial decision constitutes an abuse of discretion or was made in error, there are legal remedies, including the option to file an Appeal. Some [...]
During Divorce and Family Law cases, there are two types of Early Neutral Evaluation (ENE) processes that are used by Family Court. Social Early Neutral Evaluation (SENE) relates to child custody and parenting time. SENE cases in Hennepin County are handled by a Court Services team consisting of one male and one female evaluator, both [...]
Divorce cases are frequently complicated and require detailed, experienced legal representation in order to provide the best opportunity for an equitable resolution of the contested issues. Some of the primary areas of disagreement during Divorce include Child Custody, Parenting Time, Property Division and Spousal Maintenance. Zealous legal representation is often required in Family Law cases, [...]
Under Minnesota law, there are two types of child custody. “Legal custody” refers to the right to make decisions about how to raise the child, including decisions about education, health care, religious training and certain activities. “Physical custody” refers to the right to make decisions about the routine day-to-day activities of the child and where the child [...]
Under Minnesota law, there are two types of property associated with marriage. “Marital Property“ refers to almost all property that you and your spouse received or acquired during the marriage, even during the times you were separated, including real estate, cabins, rental property, household goods, automobiles, boats, jewelry, antiques and other items. “Non-Marital Property“ refers to: (1) anything that you or [...]
A just and equitable division of assets does not need to be mathematically equal, and you are not necessarily entitled, as a matter of law, to “half of your half” (although this is how family lawyers frequently explain asset division to their clients). In many divorce cases, the parties simply agree to divide the assets [...]
Mr. Smith is the founder of Lake Harriet Law Office, and his practice is limited exclusively to Family Law and Divorce cases. Mr. Smith's 16+ years of legal experience includes Divorce cases involving Financial Issues including the valuation of Assets and Debts, Non-Marital Tracing, Property Division, Spousal Maintenance (Alimony) claims, Child Custody, Child Support, Parenting Time, High Conflict and Complex cases and Family Law Appeals. Mr. Smith also conducts Family Mediation, FENE and SENE processes.