Family Law Blog

Short answer…Yes. A recent Minnesota Appellate Court case was released, although unpublished, stating that although a person may have passed away, they still have an obligation to fulfill their [...]

A recent case from our neighbor next door, Wisconsin, raised an interesting legal argument – can an ex-fiancé be entitled to additional compensation after a break-up if she helped build a [...]

Prior to a recent Minnesota Supreme Court decision, most family law attorneys would have advised a client that the standard to get an Order for Protection (OFP) is an “imminent fear” of domestic [...]

Commencing January 1, 2019, there will be a major change in how family law attorneys discuss spousal maintenance. Spousal maintenance has always been a hot topic issue with divorcing couples. [...]

Illinois is joining Alaska in the acknowledgement that a divorcing couple’s pets mean more to them than a dining room table set. Starting January 1, 2018, Illinois Judges will be able to look at [...]

In many dissolution cases, it often needs to be decided who, if anyone, wants the marital homestead and if someone does, what happens to the mortgage? Generally speaking, it is common practice to [...]

A semi-recent article found at the Huffington Post discussed “8 Biggest Relationship Killers” as according to divorce attorneys. While reading the article, as a divorce attorney, we concur. Many [...]

Sometimes the hardest part of the case is helping parents figure out how to communicate in a post-separation, post-order world when the Court is not hovering over them and attorneys are no longer [...]

There are times in life when you need some temporary help in supporting, caring and raising your children. These are life instances that do not warrant a change in custody or any kind of [...]

In this day and age, it is quite common that your spouse has an ex-wife, ex-husband or ex-partner that will impact your life. There are a few ways to come to look at your spouses’ ex. While [...]

An article was written earlier this year about the “5 Reasons Marriage Doesn’t Work Anymore.” After reading it, 3 of the 5 reasons are related to social media and electronic devices. As a [...]

Music icon, Prince, died over a year ago. His divorce from 2007 was unsealed and now his divorce is public record for all to read, review and make assumptions about. Many articles have been [...]

In Minnesota, pets are not given any consideration about what is best for them in a divorce proceeding under the statutes. Pets are divided as if the same as a kitchen table, couch, etc. The idea [...]

Minnesota is an equitable division state. Meaning that more often than not, things are split 50/50, but there can be an “equitable” division if it is warranted. So then the questions becomes, [...]

No. Under the MN Stat. 518.18, there are five (5) different ways to have a Court order a change of custody. The most often sited prong of the statute does refer to the finding of endangerment [...]

The resounding answer is generally yes. An overwhelming amount of people will “stay together for the children.” Is that really the right thing? You have to decide that for your family; but [...]

To some it may not seem like a big difference, but in the eyes of the law, the distinction makes all the difference.  When asking the Court to change custody, there must be an endangerment to the [...]

When you are separating from a partner, sometimes the hardest thing to do is communicate.  Whether it’s about who is paying what bill, parenting time or anything really, the person that was once [...]

In an effort to streamline requirements for Court proceedings, the Minnesota legislature has created a new way of certifying Court documents.  MN Statute 358.116 allows for the language, “I [...]

A wise law school professor of Family Law once stated, “You are not just counselors at law, but counselors of the human spirit when you practice family law.”   After practicing for many years, no [...]

On May 19, 2016, Governor Dayton signed into law a major reform in spousal maintenance.  

In an effort to find a blog topic, a simple google search of “how to win a custody battle” brought up so much bad advice, misconceptions and sad notions of what parents can/will do to each other, [...]

We recently came across an article on MSN.com which cited what the author feels are six safe reasons for divorce. The six issues the article highlights are: When your partner is an addict Your [...]

Every year brings a new legislative session.  Some years they touch on areas that are near and dear to those of us who practice family law.   One such area is child support.

This is really a thing. Who knew, right? The question is – is this a day of celebration, angst, anger, sadness, etc.?

Simple answer is no – there are no written rules/codes; but a real answer is yes.

Each year the Minnesota Coalition for Battered Women produces a report regarding the homicides from the year that were as a result of domestic violence.  In 2015, 22 women died from domestic [...]

I was reading an article recently on the Huffington Post about surviving the holidays, surviving a divorce and dealing with the idea of this is the first in this new life of divorcing or [...]

Good, bad, right or wrong, we all know someone or are connected someway with someone who is heading into a divorce, or in the middle of the divorce.  It can be very difficult to know what to say [...]

Stage One: “I used think we were forever” – Taylor Swift Your spouse may have just said they wanted the divorce or maybe you were just served.  Generally you are in shock, disbelief and confused.  

No one goes into marriage thinking they are going to get divorce.  Most people going into a relationship hoping that this will be the one that will last.  However, sometimes things do not work [...]

It’s fall and the kids are officially back to school!  While this can be a joyous time or a crazy busy time – maybe a little bit of both – I found an article that was very interesting.  

The Huffington Post ran this article authored by a top divorce lawyer – http://www.huffingtonpost.com/randall-m-kessler/top-5-things-to-ask-your-_b_8240184.html?utm_hp_ref=divorce-laws The [...]

Minnesota Statute Sec. 518.17 (1)(b)(4) states that “the court shall not consider conduct of a proposed custodian that does not affect the custodian’s relationship to the [...]

When? An Order for Protection is an emergency order you can request from the Court when you are in fear of immediate physical harm.  This harm can be because your significant other or family [...]

During your divorce, it is arguably going to be one of the most challenging and emotional times of your life.  Sometimes the absolute last thing you want to do is talk to your former spouse, but [...]

You have spent the last months (maybe years) fighting over every detail of your divorce settlement or maybe your divorce trial has completed and you just got the signed divorce decree from the [...]

Minnesota is an “equitable” division state.  Meaning, according to Minn. Stat. §518.58, the Court will make a “just and equitable division of the marital property of the parties.”  What does that [...]

If you have recently started a family law case, whether it be a divorce, custody case, etc., you are likely being bombarded with various acronyms from the Court as well as attorneys.  Below are a [...]

In short, a parent who has a custody and parenting time arrangement established via court order with the other parent cannot move out of state without permission/consent of the other parent or [...]

There are three major areas in which taxes can effect a divorce resolution. These are Spousal Maintenance, Child Support, and Child Dependency.

When people separate, whether married or in a relationship, and there are children involved, the first thing parents worry about is spending enough time with the children after the separation. [...]