Minnesota Divorce and Property Division – Equitable vs. 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 "exactly half ." Minnesota Statute 518.58, subd. 1, states that the District Court is required [...]
Enforceability of Mediated Settlements
Many people wonder (including attorneys and mediators), are mediated settlement agreements enforceable? Well, that depends on the situation. In a recent case, Tornstrom v. Tornstrom, 887 N.W.2d 680 (Minn. Ct. App. 2016) the court determined that a mediated settlement agreement was enforceable. Again, in an unpublished case, Burke v. Burke, [...]
Top Family Law Issues -Third Party Custody in Minnesota
There are a variety of reasons why a child may be in the custody of a third party and not with their parents. This blog will focus on why and how a third party might get custody or visitation rights under Minnesota law. In 2002, the Minnesota legislature enacted a [...]
Divorce and Spousal Maintenance – Cash Flow Analysis
In Minnesota, Spousal Maintenance (Alimony) is based upon need, and not the equalization of cash flow (equalizing monthly cash flow is not required or even addressed by Minnesota Statue 518.552). Unlike Child Support, Spousal Maintenance does not provide the parties with a basic formula to determine if (and for what [...]
Spousal Maintenance (Alimony) and Cash Flow – No Need to Equalize
In Minnesota, Spousal Maintenance (Alimony) is based upon need, and not the equalization of cash flow or income. The 2017 Curtis v. Curtis decision from the Minnesota Supreme Court stated that "need" is the first step in analyzing spousal maintenance. Some divorce lawyers like to equalize cash flow, which is [...]
Domestic Violence, Divorce and Parenting Time
October was Domestic Violence Awareness Month. Under Minn. Stat. 518B.01 Domestic Abuse Act, domestic abuse “means the following, if committed against a family or household member by a family or household member: (1) Physical harm, bodily injury, or assault; (2) The infliction of fear of imminent physical harm, bodily injury, [...]
Custody, Parenting Time and A Child’s Preference
Minnesota determines custody and parenting time of a child using a standard that decides what custody or parenting time arrangement is in the best interests of the child. Minn. Stat. §518.17 (2017). This blog post will focus on the third factor, “the reasonable preference of the child, if the court [...]
The Enforceability of Mediated Settlement Agreements During Divorce
Many people wonder (including attorneys and mediators), are mediated settlement agreements enforceable? Well, that depends on the situation. In a recent case, Tornstrom v. Tornstrom, 887 N.W.2d 680 (Minn. Ct. App. 2016) the court determined that a mediated settlement agreement was enforceable. Again, in an unpublished case, Burke v. Burke, [...]
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 [...]
The Correlation Between Disaster and Divorce
Natural disasters (or other devastating life events) are known to have different emotional responses. As a result, we sometimes see an increase in births, marriages, and divorces during these times. The reason is quite simple, during highly emotional periods, people tend to make snap decisions to find a way to [...]