divorce
New FAQ about Buying and Selling Real Estate Pending Divorce
Today I published a new FAQ in response to the recurring question of whether or not a spouse may sell or encumber the marital homestead or other real estate without the other spouse's signature.
Update to Article on Name Changes
In light of new case law from the Minnesota Supreme Court, I have updated an article on Name Changes to note the requirement that in order to have the right to notice of the name change of a minor, the father must be the "legal" father and not just the "biological" father. "Name Changes in Minnesota Divorce and Custody Cases."
Update to "Property and Debt Allocation in Divorce"
I have updated my treatise on Property and Debt Allocation in Divorce, to include a much more extensive discussion and examples of how non-marital interests in real estate are calculated, including cases where parties refinance a home or make improvements to a home during the marriage.
Update to Article on Tax Issues in Minnesota Divorce
Feb 12 2019 Filed in: Divorce | Divorce Article
I have updated the article "Tax Issues in Minnesota Divorce," to address the change in taxability of spousal maintenance as of Jan. 1st, 2019 (for orders issued on or after that date).
Best Interest Factors Extensively Updated
Apr 30 2017 Filed in: Divorce | Divorce Article
I have extensively updated my treatment and analysis of the so-called "best interest factors," in accordance with the change to the controlling Minnesota statute. This newly updated article is titled: "Determining Physical Custody in Minnesota."
Update to Annulment Law
Jan 13 2015 Filed in: Annulment
Article on Annulments in Minnesota is updated to provide that marriages between members of the same sex are no longer void. The article is titled: "Marriage Annulments in Minnesota."
Parenting Time in Minnesota Divorce and Custody Cases
For those of us dealing with parenting time schedules every day, there is a certain short-hand which becomes part of our vocabulary. To help those who are not familiar with the most common parenting time schedules to better understand and visualize them, I have just included an important addition to my article on parenting time in Minnesota divorce and custody cases, complete with tables, so that the reader will have a better grasp of some of the most typical arrangements that are available. The article is titled: “Parenting Time in Minnesota Divorce and Custody Cases.”
Legal Custody in Minnesota Divorce & Custody Cases
Legal custody refers to decision-making power over the major decisions in a child’s life. The article I have drafted on this subject discusses the circumstances under which joint legal or sole legal custody are awarded, and also discusses how legal custody disputes between joint legal custodians are required to be resolved. The full article is here: “Legal Custody in Minnesota Divorce and Custody Cases.”
Physical Custody in Minnesota Divorce & Custody Cases
Today’s article is an important one, which I drafted to provide insight into the factors which the court and custody evaluators consider when making physical custody determinations. The so-called “best interest factors” are listed in many places. I give you my elaboration on them, to better inform readers of how each factor is applied in practice. The full article is available here: “Physical Custody in Minnesota.”
Dirty Tricks to Avoid in Minnesota Divorce & Custody Cases
I despise dirty tricks. Today’s article exposes some of them so that -- I hope -- fewer people will be duped. Read it here: “Dirty Tricks to Avoid in Minnesota Divorce.”
Legal Separation in Minnesota
Mar 12 2010 Filed in: Divorce
Today’s article covers the topic of legal separation -- what it is and when it makes sense to do one. Read the full article I authored and posted here: “Legal Separation in Minnesota.”
Step-parent Visitation in Minnesota Divorce Cases
May 02 2009 Filed in: Parenting time | Divorce
Contrary to common belief, there are circumstances when stepparents can obtain court-ordered parenting time. That is the subject of an article I have written and posted here: “Step-parent visitation in Minnesota.”
Spousal Maintenance in Minnesota Divorce Cases
Jun 03 2009 Filed in: Spousal Maintenance | Divorce
I. Initial Spousal Maintenance Awards.
Spousal maintenance is probably the area of family law that involves the greatest amount of uncertainty, and consequently is subject to frequent litigation. I have written an article which discusses the circumstances under which spousal maintenance can be expected, and when it can be modified. The complete article is available here: “Spousal Maintenance in Minnesota.”
Spousal maintenance is probably the area of family law that involves the greatest amount of uncertainty, and consequently is subject to frequent litigation. I have written an article which discusses the circumstances under which spousal maintenance can be expected, and when it can be modified. The complete article is available here: “Spousal Maintenance in Minnesota.”
Post-Nuptial Agreements in Minnesota
Aug 05 2009 Filed in: Settlement | Divorce
I’ve had many clients over the years who have anguished over the issue of whether or not to get a divorce, not so much because they wanted one at that point in time, but more because of fear that they would be in a worse position if things continued the way they were going, and a divorce was likely in the future. The post-nuptial agreement can be a perfect solution in this situation. An article I wrote on the subject is available here: “Post-Nuptial Agreements in Minnesota Divorce.”
Financial Early Neutral Evaluations in Minnesota Divorce Cases
The Financial Early Neutral Evaluation (or FENE), is explained in an article I published today on my web site: “Financial Early Neutral Evaluations in Minnesota Divorce.” This article explains in a nutshell what the FENE is, and how to best choose your evaluator.
Out of State Moves in Minnesota Divorce & Custody Cases
In the old days, the parent having sole physical custody could move the children to another state for almost any reason. Then around 2007, the legislature changed the law and passed a statute governing out of state moves, which makes it much more difficult, regardless of which parent has custody. The grounds for out of state moves are discussed at length in an article I wrote on the subject and posted here: “Moving Children Out of State in Minnesota Divorce and Custody Cases.”
Mediation in Minnesota Divorce and Custody Cases
I’m often asked whether it is better to mediate or to litigate. I answer this question in detail in an article posted here on my website: “Mediation in Minnesota Divorce and Child Custody Cases.”
Harassment Restraining Orders in Minnesota
Apr 13 2010 Filed in: Domestic Abuse | Divorce
In cases where your spouse or ex-spouse -- or anyone else for that matter -- is harassing you with repeated phone calls, emails, or other harassing conduct, and you want a court order for no-contact, but don’t qualify for an Order for Protection, the Harassment Restraining Order is for you. I’ve written an article on this subject and posted it here: “Harassment Restraining Orders in Minnesota.”
Social Early Neutral Evaluations in Minnesota Divorce & Custody Cases
The Social Early Neutral Evaluation, or “SENE”, has become a routine part of the settlement of contested custody cases in counties which have adopted the program, as have Hennepin and Ramsey counties. Most contested custody and parenting time cases will be settled through this program. For that reason, I’ve published an article on the subject here: “Social Early Neutral Evaluations in Minnesota Divorce and Custody Cases.” Besides describing how the program works, important tactical considerations are discussed.
Grandparent Visitation in Minnesota
May 14 2010 Filed in: Custody | Parenting time
Contrary to what is often assumed, there are many situations where grandparents can obtain court-ordered visitation rights on a regular, recurring schedule. In an article on my website I address the circumstances under which this may be awarded: “Grandparent Visitation in Minnesota.”
Domestic Abuse Orders for Protection Relating to Minnesota Divorce & Child Custody Cases
Domestic Abuse Order-for-Protection cases frequently go hand-in-hand with a marriage dissolution case, about half of the time legitimately. Today’s blog entry announces publication of a detailed article I have written on the subject, available here: “Domestic Abuse Orders for Protection in Minnesota Divorce and Child Custody Cases.” This article explains the legal grounds for an OFP, but focuses mainly on the intersection between Minnesota divorce and child custody cases, and domestic abuse cases, discussing how the OFP impacts one’s divorce and custody case, and providing tactical considerations for persons involved in such cases.
Parenting Consultants in Minnesota Divorce & Custody Cases
The rise in the use of Parenting Consultants in Minnesota divorce and child custody cases prompted me to write an article on the subject, available here: “Parenting Consultants in Minnesota.”
Adultery in Minnesota Divorce and Custody Cases
My article posting today addresses the issue of adultery, and the ways it is and is not relevant to divorce and child custody cases. It is a must-read before daring to raise or respond to an adultery issue. The article is available here on my website: “Adultery in Minnesota Divorce.”
Marriage Annulments in Minnesota
Nov 20 2010 Filed in: Divorce
Today’s posting announces my publication of an article on the topic of legal annulments of marriage in Minnesota. Although uncommon, the question does arise from time to time, with enough frequency that I wanted to address it in a formal article, which is available here on my website: “Marriage Annulments in Minnesota.”
Child Support in Minnesota Divorce & Custody Cases
Jan 23 2011 Filed in: Divorce
Today’s entry addresses the ever-popular topic of child support. My new article sets forth in a concise manner the fundamental factors at play in determining child support under the Minnesota Child Support Guidelines, and also addresses the grounds for modification. A link to an excellent child support calculator is included. Click here to read the full article: “Child Support in Minnesota.”