Prenuptial agreements in Minnesota allow engaged couples to prepare for the worst, whether marriage ends by death, or divorce. Here are some key things to understand: Purpose: Determine rights and obligations of parties should a marriage end because of death or divorce. Contact: The law of contracts applies to prenuptial agreements Enforcement: Valid prenuptial agreement must have been executed in a procedurally fair manner, and must be substantively fair in its terms. Statutory Requirements: In addition to fairness requirements, prenuptial …
Financial early neutral evaluation in Minnesota is growing in popularity. Many counties (including Hennepin, Anoka, Dakota, Ramsey, Wright, Chisago, Isanti, and Scott) are now offering the litigants in a contested divorce an opportunity to participate in an Early Neutral Evaluation.
In order to determine your best option concerning the marital homestead, it is important to understand what it costs to live in the house on a monthly basis and the value of the marital equity in the homestead.
Nothing disappoints me more than family law litigants who think of their child as a pawn, placing them smack dab in the middle of the fight. There’s just no good reason for it. And, every expert I’ve encountered on the subject suggests that the parent who does so – even if they appear as the “hero” to the child in the moment – will suffer the consequences in the long run; the child will soon grow old enough to understand what was done to them.
One of the issues that divorcing parents have to tackle involves an allocation of the income tax exemptions for the minor children. Who claims who? This is a matter that should not be overlooked; tens of thousands of dollars in future tax benefits may be at stake. And, if both parents make the same claim in the same year, a phone call from the IRS is certain to follow.
Many potential clients seek our advice in terms of protecting themselves at the onset of a divorce. They fear their spouse will take radical action in response to the dissolution process.
As more and more counties adopt the early neutral evaluation model, fewer divorce litigants face the prospect of a motion for temporary relief. A decade ago, nearly every party to a divorce would seek some sort of temporary order from the judge, given the fact that few alternatives were available for immediate structured debate and discussion concerning issues like custody, parenting time, child support, property division and spousal maintenance.
There are situations when a party (or both parties) to a divorce will disagree with the decision made by the district court judge. The remedy? Filing an appeal with the Minnesota Court of Appeals.
Many of the cases we handle involve a high level of conflict. Our Family Wizard is a fantastic online tool to help streamline the process of parental communication during, and after, divorce.
One change that has occurred in Minnesota law in recent years is found in the statute pertaining to relocation out of state with a minor child. Under the old law, the non-moving parent had the burden of proof when it came to explaining to the court why the child shouldn’t be taken out of state. Now, however, it is the moving parent who has burden of proof; they must prove why such a move serves the best interest of the child.