» Family Law Updates

Minnesota Divorce Issues and Trends - Alimony (Spousal Maintenance) post Passolt

Spousal Maintenance (Alimony) is based upon need.  Contrary to what some lawyers might state, equalizing cash flow (or available income) is not required by Minnesota Statue 518.552.  Judges in Minnesota have discretion in awarding spousal maintenance, and the decision whether to award spousal maintenance is permissive.  A vocational assessment of the spouse requesting spousal maintenance has be… Read More
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Top Question - Minnesota Divorce and Property Division

During a Minnesota Divorce case, parties frequently have issues regarding the division (and proper valuation) of assets.  Minnesota law requires an “equitable division” of assets (and the same applies to debts).  The division is quite often something other than 50:50; there is no requirement that the division be precisely equal. Many times, the parties agree to divide the assets and… Read More
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Minnesota Divorce Update - Top Questions Regarding Asset and Debt Division.

In Minnesota Divorce cases, the division of assets and debts is a process that requires financial expertise and significant attention to detail.  The division of assets and debts does not need to be mathematically equal, as addressed in Johns v. Johns, 354 N.W.2d 564, 566 (Minn. Ct. App. 1984).  However, in most long-term marriages, an equal division is appropriate (see Kaste v. Kaste, 399 N.W.… Read More
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Amber C. Bretl joins Lake Harriet Law Office as Associate Attorney

Amber C. Bretl joined Lake Harriet Law Office as Associate Attorney in November of 2014.  Ms. Bretl earned her J.D. from Hamline University School of Law and her B.A. from the University of Wisconsin-Eau Claire.  She is a member of the Minnesota Bar Association and is a Qualified Family Law Mediator under Minnesota Rule 114.  Amber represents clients in Family Law matters including Divorce, Chi… Read More
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Attorney Amber C. Bretl Joins Lake Harriet Law Office

Amber C. Bretl joined Lake Harriet Law Office as Associate Attorney in November of 2014.  Ms. Bretl earned her J.D. from Hamline University School of Law and her B.A. in Political Science and Spanish from the University of Wisconsin-Eau Claire.  She is a member of the Minnesota Bar Association and is a Qualified Family Law Mediator under Minnesota Rule 114. Amber represents clients exclusively i… Read More
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Top Minnesota Divorce Issues - Spousal Maintenance, Cash Flow and Vocational Assessments

In Minnesota Family Law cases, an award of Spousal Maintenance (Alimony) is based upon need. Contrary to what some lawyers might profess, equalizing "cash flow" or available income is not required by Minnesota Statue 518.552. Court in Minnesota have judicial discretion in awarding spousal maintenance, and the decision whether to award spousal maintenance is permissive. Read More
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Top Minnesota Divorce Questions - What is the Initial Case Management Conference (ICMC)?

In Minnesota Divorce cases, the Initial Case Management Conference (ICMC) is typically the first court appearance with a Judge or Referee.  The ICMC is an informal hearing that generally takes place within 30 days of the case filing. The ICMC provides the parties with an opportunity to discuss important topics such as whether a Social and/or Financial Early Neutral Evaluation process would be app… Read More
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Top Minnesota Divorce Issues - How are Assets and Debts Divided During A Divorce?

In Minnesota Divorce cases, the division of Assets and Debts does not need to be mathematically equal, and you are not entitled, under Minnesota law, to “half of your half.”  Minnesota Statute 518.58, subd. 1, states that the District Court is required to make a “just and equitable” division of assets (the same rule applies to the division of marital debts).  See also Lyn… Read More
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Top Questions In Minnesota Divorce - Property Division

In Minnesota Divorce cases, the division of assets and debts is a process that requires financial expertise and attention to detail; the division of assets does not need to be mathematically equal, and you are not necessarily entitled, under Minnesota law, to one-half of the marital assets.  In many Divorce cases, the parties agree to divide the property and assets equally; however, the division… Read More
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Top Issues - Minnesota Divorce and Spousal Maintenance

Spousal Maintenance (also referred to as “Alimony”) is an area that is frequently misunderstood, and is often litigated.  Equalizing “cash flow” or available income is not required by Minnesota Statue 518.552, as an award of Spousal Maintenance is based on need.   Spousal Maintenance, unlike Child Support, does not provide the parties with a basic formula – or calcu… Read More
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