Blog
Archive: 2013
Courtroom Decorum : Tips for Keeping the Judge Happy
When in court for a divorce case, one of the last things you want to do is anger the judge. It is important to remember that judges are people too, and their jobs are not simple - especially when they are dealing with a family matter like divorce. Judges have to listen to witness testimony, review evidence, and try to determine who is telling the truth and who isn’t. Anything that happens in the courtroom that distracts the judge is going to upset them. Being that he or she is deciding some very important issues, you want to be cautious and not upset …
Step-Parent Adoption in Minnesota : Key Concepts
Step-parent adoption is an enjoyable part of our family law practice. Here are a few of the key concepts: Termination of Parental Rights: Biological parent executes paperwork to terminate rights to child. Two week cooling off period applies. Petition: Remaining parent, and spouse, file Petition for Adoption with the Court with all relevant paperwork. Background Information: Some counties require a limited amount of background information gathered concerning the step-parent, including a criminal history. Hearing: Once the background check is …
Child Support in Minnesota : Types of Support and Calculation
Child support in Minnesota is governed by the Minnesota child support guidelines. Here are some of the key elements associated with these awards: Basic Support: The cash payment one parent makes to another, on a monthly basis, for the support of a child. Medical Support: The allocation of medical insurance premiums and uninsured medical expenses relating to a child . Daycare Support: The allocation of work-related care expenses associated with a child. Child Support Guidelines: Provide the formula for determining the appropriate amount of …
Postnuptial agreements in Minnesota differ from prenuptial agreements in three critical ways: Timing: Basically a prenuptial agreement entered into by the parties after they have married. Statutory Requirements: In addition to all prenuptial requirements, both parties must be represented by a lawyer in order for the agreement to be enforceable. Postnuptial agreements are presumed unenforceable if executed less than one year prior to the commencement of an action to dissolve the marriage. We’re here to help if you have postnuptial agreement …
Minnesota Harassment Elements and Concepts
Harassment in Minnesota is defined by statute and a specific process is in place to obtain a Harassment Restraining Order. Here are some key elements: Harassment: Single incident of assault, or repeated, unwanted acts designed to invade the rights, safety and privacy of another and that have a substantial adverse effect on the intended recipient. Process: Alleged victim submits papers to judge, outlining what happened. If court believes act of harassment occurred, Harassment Restraining Order is issued. Alleged aggressor may dispute issuance of …
Domestic Abuse in Minnesota : Quick Guide
Domestic abuse involves a statutory definition and process associated with obtaining an Order for Protection. Here is a quick guide on those issues: Abuse: Physical harm, assault or infliction of fear of imminent physical harm among family members. Process: Alleged victim submits papers to judge, outlining what happened. If court believes act of abuse occurred, Order for Protection is issued. Alleged aggressor may dispute issuance of Order, and request a hearing. If alleged victim proves case, Order up to two years may issue. If case not proven, …
Minnesota Paternity : Key Issues
Paternity in Minnesota involves key five issues: Adjudication: Paternity is established through genetic testing or execution of a Recognition of Parentage. Child Custody: Same standards as a dissolution action. Parenting Time: Same standards as a dissolution action. Child Support: Same standards as a dissolution action. Reimbursement: Mother may seek reimbursement for pregnancy and birthing expenses. Court may also order payment of attorney’s fees and costs. If you have a question concerning paternity, our lawyers are here to help. …
Post-decree motions vary in terms of complexity and the elements necessary to meet the relevant burden of proof: Custody: Must show that a child is either: (1) integrated into non-custodial parent’s home; or (2) custodial parent’s home environment endangers child. Parenting Time: Must show modification of schedule serves best interest of the child. Out of State Move: Must show best interest of the child is served by relocation. Court will examine purpose of move, nature of relationship among non-custodial parent and child, and ability to …
Attorney Fee Awards in Minnesota Divorce Court
Attorney fee awards are relatively uncommon in Minnesota family court. There are just two bases upon which a family court litigant may make a claim for fees and costs: Need-Based: Awarded if a party cannot afford fees and costs, but the other party can afford to assist. Bad-Faith: Awarded if a party engages in conduct designed solely to harass the other, delay the proceeding or drive up the fees and costs of the other party without sufficient justification. If you have a question concerning attorney fee awards, our lawyers are here to help. …
Spousal Maintenance in Minnesota : A Quick Guide
Spousal maintenance is a factor-based award in Minnesota. In this quick guide, find key information concerning spousal maintenance awards in Minnesota: Need: The party seeking spousal maintenance must establish a need. This is determined by comparing the party’s projected monthly budget against the party’s ongoing income. Ability to Pay: If a party establishes a need for spousal maintenance, the other party’s ability to pay will be examined. This is determined by comparing the party’s projected monthly budget against the party’s ongoing …
