» Family Law Updates

The ABCs of Divorce

In Minnesota, a marriage is a civil contract between two persons, which have the capability in law of contracting, and meets the requirements of a valid marriage (examples: marriage license, two witnesses, conducted by someone who is authorized to do so under the law). Minn. Stat. §517.01. This contract or union binds two people together when it comes to taxes, finances, medical decisions, and ch… Read More
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Categories: Family Law Updates

Child Custody in the Wake of Domestic Violence

In many cases, parents will agree to joint legal custody, in which decisions regarding the children are decided by both parents together in a co-parenting type of environment, and sole physical custody, wherein the children primarily live with one parent for purposes of school and some form of unity. However, many parents are learning how to work with a joint physical custody agreement as well. Read More
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Custody and the School Year-The Difference Between Legal and Physical Custody in Minnesota

With another new school year beginning, we frequently receive questions about how custody is determined with the ever changing schedules of school aged children.  There is a difference between legal custody and physical custody and we will outline both in this blog.  Minnesota Statutes section 518.003 defines “legal custody” as the right to determine a child’s upbringing, including educati… Read More
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Categories: Family Law Updates

Mediation and Family Law

In Minnesota, mediation is not a new or abstract legal idea.  In many Family Law cases, it is the best option for spouses to resolve conflict and contested issues, especially during a divorce.  Mediation can help foster a healthier environment to resolve issues including custody, parenting time and financial matters.  However, mediation is not always a viable choice for the parties (especially… Read More
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Categories: 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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