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 along well and you know with certainty that you will reach an amicable, peaceful agreement [...]
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, but more likely it will happen in negotiations between the attorneys or in mediation. If [...]
If you are a father who is seeking custody of your children, or equal parenting time, etc., you need to know the following ten things: 1. The names of your children's school teachers; 2. The names of your children's doctors; 3. The names of your children's best friends; 4. The names of your children's pets; [...]
One of the most frequently asked questions that I get from people is "how is the amount of child support determined in Minnesota?" A few years back, the Minnesota legislature created a set of rules that have been incorporated into what is known as the "Minnesota Child Support Calculator." You can see the MN calculator [...]
The Minnesota Child Support laws underwent a significant change in 2007. The impact of this change is significant. Under the old law, the parent who had physical custody of the children received child support. Whether that parent (the physical custodian) worked or did not work had nothing to do with the calculation. Today things are [...]
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 of the Answer (by the Respondent). Typically, each party files his or her pleading with [...]
In contested Minnesota divorce cases, a guardian ad litem is a person who is appointed by the court to represent the interests of children in a divorce proceeding. Typically, the guardian ad litem does not perform a custody evaluation or parenting time evaluation. However, he or she will participate in the process, appear at court [...]
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 [...]
