» Family Law Updates

Summer Visitation

Divorce is never easy, especially when children are involved. Not only is your life about to change, but also the lives of your children.  You and your soon to be ex-spouse will now parent part-time and have to adapt to two separate schedules.  Separate schedules can be difficult if one parent moves to a different state or school district, adding a further hurdle to determining custody and paren… Read More
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Categories: Family Law Updates

Mitigating Tax Liability in Divorce

Divorce can be emotional, confusing and sometimes expensive.  During a divorce proceeding, any advice to save money, protect cash flow or mitigate tax liability is welcomed by a client. Fortunately, there are ways to address financial issues and mitigate taxes to help offset the existence of other new expenses.  You should discuss these issues in detail with your Family Law attorney and with you… Read More
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Finalizing Divorce Proceedings

There are certain issues that must be cleared up and questions that must be asked of both parties to finalize a divorce proceeding. If these questions are not asked and answered properly, the terms of the divorce may be contested at a future date. While you may ask yourself, “Who would want to go through any part of that again?” you must remember that divorce is not like other areas of the law… Read More
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Categories: Family Law Updates

Minnesota Divorce Topics - Spousal Maintenance (Alimony) and the Imputation of Income

During a divorce proceeding, and once a divorce is finalized, the court may order that one spouse pay alimony, or what Minnesota refers to as spousal maintenance, to the other spouse.  The primary reason for spousal maintenance is to provide cash flow to a spouse in order to approximate the marital standard of living.  However, determining the amount (and duration) of spousal maintenance can be… Read More
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Basic Rules for Family Law Motions

Family Law can be very emotional compared to many other areas of law.  Both parties are taking a huge step to change their life as they have known it, whether it be through divorce, adoption, or child custody.  That is why it is so very important for the attorneys involved to be professional, know the law, and more importantly someone you can trust.  Each state mandates the rules or procedure t… Read More
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Trending Minnesota Divorce Issues - Depletion vs. Dissipation of Property During a Divorce

Although Depletion and Dissipation of property carry different meanings, in Minnesota the terms are generally used synonymously by the Court, and by Divorce lawyers.  Dissipation is defined by Minnesota case law as “wasting or expending funds foolishly.” Volesky v. Volesky, 412 N.W.2d 750 (Minn. Ct. App. 1987).  Spouses have a fiduciary duty to one another during marriage.  A Court… Read More
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Child Support and Taxes: 5 Essential Rules

Tax season is upon us. During this time of year, we often focus on things like deductions and taxable income, and how we can maximize our tax credits and deductions to obtain the largest benefit from the IRS. When reviewing tax laws, attorneys and parties going through the legal process (especially cases  involving divorce and child support issues) take the time to thoroughly review the tax laws… Read More
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What You Need to Know About Karon Waivers and Spousal Maintenance

When going through a divorce, Minnesota allows for spousal maintenance (or alimony)  based on statutory  qualifications. Once an award for spousal maintenance is established it can be later modified if either party brings a motion for modification to the court because of changed circumstances.These changed circumstances include  job status, income, retirement, or other criteria directly related… Read More
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Minnesota Divorce and Spousal Maintenance - Equalizing Cash Flow Is Not Part of The Algorithm

In Minnesota, Spousal Maintenance (Alimony) is based upon need.  Equalizing monthly cash flow (or available income) is not required by Minnesota Statue 518.552.  Unlike Child Support, Spousal Maintenance does not provide the parties with a formula to determine if (and for what duration of time) money should be paid to one spouse during Divorce proceedings (through a temporary order) or after a D… Read More
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Minnesota Divorce and Property Division - Does Equitable Also Mean Equal?

Equitable does not necessarily mean equal (check Black’s Law Dictionary).  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… Read More
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