Tag: contested divorce

Should YOU Make the First Move?

Often, people who know a divorce is coming ask me whether they should file first, or whether they should let their spouse file first.  My answer is “It depends.” If the divorce is non-contested, if you and your spouse get

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Minnesota Divorce and Child Custody

The issue of child custody and parenting time can be contentious in divorce proceedings.  I always advise people that it is best to resolve disagreements about child custody and parenting time amicably.  This can happen in discussions between the parties,

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Minnesota Divorce in 2011

As followers of this blog know, I believe that the biggest challenge currently facing the family court system in Minnesota is lack of adequate funding.  I think it is important that everyone communicate to their legislators how important it is

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MN Divorce – The Next Step

For those of you who have been following the blog, I am writing about the various steps in the divorce process in Minnesota.  So far, I have talked about service of the Summons and Petition (by the Petitioner) and service

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Why Divorce Sucks

Divorce is a difficult process.  It is jarring.  It is emotional.  Aside from the death of a loved one, divorce is probably one of the more miserable experiences a person will have.  People going through a divorce have anxieties about

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How To Deal With Jerks

This may be hard to believe, but when you are involved in the practice of family law for any period of time, you will run into your share of jerks.  Often, these are opposing counsel — men and women —

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What is Early Neutral Evaluation?

Early Neutral Evaluations occur mostly in Hennepin County, Minnesota.  Many people do not know that the procedure for getting divorced in Minnesota varies from county to county.  In Minnesota, the court system is organized into “districts.”  There are 10 judicial  districts in

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What If You Do Not Serve An Answer?

In Minnesota, a divorce Summons contains a formal notice that the person being served with the Summons and Petition has thirty (30) days in which to serve an Answer.  What happens if you do not serve an Answer?  The answer

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What is “No Fault” Divorce in Minnesota

Minnesota is a “no fault” divorce state.  To the best of my knowledge, most, if not all states in the United States are no fault divorce states. What this means is that in a Minnesota divorce proceeding, one does not have

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Child Support in Minnesota

People frequently ask me how the Minnesota child support laws work.  There is a new Minnesota child support law, because the old law was modified significantly in 2007.  Now, child support is calculated using the gross incomes of both parents.  But, that’s

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What is a Temporary Relief Hearing?

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

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Do Divorce Attorneys Use Negotiating “Tricks”?

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)

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What is an “Uncontested Divorce”?

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

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