In Minnesota, an unmarried father has no parental rights unless these have been established by a court order. The mother of the child has the common law right to physical and legal custody because she gave birth to her child. When the mother is married to the father, then the father has common law physical and legal [...]
Often it can take several months to complete the divorce process. If there are disputes about custody and parenting time, disputes about the value of assets, or disputes about how much alimony or spousal maintenance should be paid, it can take several months to resolve these. In the meantime, the parties need to continue living [...]
This is the time of year that many divorced parents begin to have problems with holiday parenting time. Often times, divorce decrees are ambiguous about holiday parenting time. A divorce decree might say that parenting time is "reasonable and liberal," without saying anything about a specific parenting time schedule. Or a divorce decree might say [...]
Do divorce attorneys use negotiating tricks? Yes. Not all of them, but a lot of them. After all, they went to law school, they are attorneys, and they want to get the best deal for their client in any (legal) way they can. Many attorneys who use "positional bargaining" tactics use various "tricks" to try [...]
Mediation is a process in which the parties to a divorce and their attorneys meet with a neutral third party in an attempt to resolve their disagreements, without going to trial. The neutral third party should be a trained mediator. Usually she is a divorce attorney or other professional who has experience with divorces, along [...]
Generally speaking, many of the so-called "flat fee" divorce offers from attorneys or para-legal services are scams. Offering to do a job for a flat fee, especially when the process has not even started, is a lot like saying "You can hire me to fill out the forms for you, but if there are any [...]
A skilled divorce attorney understands the concept of "perceived credility." Maximizing the effect of "perceived credibility" for a client is one of the most important things an attorney does. Often I am asked whether it makes any difference who initiates the divorce proceeding. My own opinion is that, often times, who goes first does matter. This [...]
One question I am often asked is when a spouse should discuss his or her intention to divorce with the other spouse. My response is usually that "it depends." It is important for couples to try to cooperate during and after the divorce process, especially if they have children. My experience is that most couples can [...]
There are several important steps you should take when preparing for divorce. Ideally, you should take these steps before the divorce proceeding actually begins. These steps will save you money and will position you to achieve a more favorable outcome. Its part of strategic divorce planning. I will discuss various aspects of preparation in subsequent [...]
An uncontested divorce is a divorce proceeding in which the parties agree on how to resolve all issues. Instead of having a trial before a judge, the parties sign a written agreement. In Minnesota, this agreement is called a "Marital Termination Agreement." Sometimes parties can reach an agreement right away. Sometimes parties may start out with [...]
