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; [...]
I am frequently asked questions about holiday parenting time and how that is allocated between divorced parents. Sometimes this can be a contentious issue, especially if one parent wants to bring the children to a family gathering that is out of state. Generally speaking, Minnesota courts try to allocate holiday parenting time fairly, keeping in [...]
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 that Minnesota courts be adequately funded. Lack of adequate funding results not only in fewer [...]
The fact is that I do not know what is going to happen in the future, anymore than anyone else does. But, I think it is possible to make some prognostications based upon what is happening now. In my opinion, the Minnesota district court system, including the family court, is facing a crisis of funding. [...]
In a Minnesota divorce proceeding, if the case is not resolved early on by the Early Neutral Program or mediation, the next step might be a motion for temporary relief. A "motion" is when one asks the court to do something. In divorce cases, the usual motion seeks to have the court award temporary child custody, [...]
People who are getting divorced in Minnesota often ask questions about Minnesota's child support laws. The Minnesota child support statute changed significantly in 2007. If you were divorced before 2007, you are probably operating under the "old" system. If you were divorced after 2007, you are operating under the new system. You can read the [...]
People often ask how much it costs to get divorced. The answer is "it depends." Certain costs are predictable. Currently, it costs $400 to file a divorce petition in a Minnesota district court. Some counties charge slightly higher, depending upon the amount of the surcharge for the county law library. If each party appears in [...]
Often people who divorce in Minnesota forget to address the issue of the income tax depdency exemptions for their minor children. This issue should not be overlooked because, cumulatively, it could save a spouse tens of thousands of dollars on his or her income tax return. From the perspective of the Internal Revenue Service, after parents [...]
As a divorce attorney, one of the things that I find most troubling is a parent who alienates the children from the other parent as a form of retaliation. Sometimes this alienation is deliberate. A parent wants to get even with the other parent so they tell the children bad things about that parent. Sometimes [...]
In Minnesota, a divorce proceeding is a lawsuit, similar to just about any other district court proceeding. Minnesota divorce procedures are governed by the Minnesota Rules of Civil Procedure, which are court rules that regulate all legal proceedings in Minnesota courts. Additionally, there are other, more specific rules pertaining to divorce proceedings that are set forth [...]
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 to prove that the other spouse is at fault before a divorce can be granted. [...]
I am occasionally asked how long it takes to get divorced in Minnesota. The answer is "It depends." It can take anywhere from about 6 weeks to a year and a half or more, depending upon whether the parties can cooperate, and depending upon the issues involved. First, in order to begin a divorce proceeding in [...]
In Minnesota, it is possible to modify certain parts of a divorce decree after the divorce is final. A Minnesota divorce becomes "final" when the judge has signed the divorce Judgment and Decree (the full title of the document is "Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree) and the [...]
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 not the most significant change. The most significant change is that the amount of child [...]
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 [...]
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 [...]
