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Blog Posts in 2009

30 results found. Viewing page 1 of 2. Go to page 1 2   Next

Should I Record My Phone Calls During My Divorce or Custody Case?

Minnesota law says it is legal for a person to record a wire, oral or electronic communication if that person is a party to the communication, or if one of the parties has consented to the recording ...
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How is the Divorce Process Started in Minnesota?

A divorce action is started when one party, the “Petitioner”, drafts or has an attorney draft a Summons and Petition. The Summons and Petition set out what the main issues will be in the ...
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Exchanging Information in a Divorce: The Discovery Process

When parties are going through the divorce process , the question often arises of how you can be sure that the other side is being honest and not hiding information or assets from you. The rules of ...
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Divorce: Who Gets the House?

Often at the time of divorce, both parties want to stay in the marital home. What happens then? How can you force one party to leave? If the home was purchased during the marriage, it is marital ...
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What Happens When My Spouse Doesn't Want a Divorce?

When one party wants to get divorced, there is no way to stop the process from happening. The party choosing to begin the divorce process (the “Petitioner”) starts by having two documents ...
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How to Communicate Effectively During a Divorce

During a divorce and sometimes after the divorce is done, the parties often have a hard time communicating with each other. There are so many emotions that prevent the parties from being able to work ...
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Standby Custodial Designations: A Tool to Use with Estate Planning

Parties to a divorce with children, or even single parents with children, usually want to make provisions for what will happen to their child if they were to die. An individual is always able to ...
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Holidays for Divorcing Families in Minnesota: Who Gets the Kids?

One issue every divorcing family with children needs to deal with is the change in the holiday schedule . Holidays are generally a time, sometimes the only time, that the children spend time with ...
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Protective Orders: Consequences of Stipulations

Orders for Protection (OFPs) and Harassment Restraining Orders (HROs) are the legal tools available to individuals to protect themselves from the actions of others. OFPs are used to protect ...
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Divorce in Minnesota: Who Gets to Claim the Child for Taxes?

Tax law is not state-specific, it's federal. The Internal Revenue Service has deemed that noncustodial parents are not able to claim their children for tax purposes. In general, since the ...
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Is a Personal Injury Settlement in Minnesota Marital or Non-Marital Property?

In a divorce proceeding , a personal injury settlement can represent a large amount of money that will have to be divided between the parties. Usually, this type of settlement occurs in Personal ...
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Ways to Avoid Problems in Supervised Formal Probate Administrations

When you are a Personal Representative in a supervised administration for probate versus an unsupervised administration or an informal probate, you are held to a different standard as far as following ...
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The Basics of Guardianship and Conservatorship Law in Minnesota

There are two arrangements that can be made if a person is unable to act on their own behalf: a Guardianship and a Conservatorship. When a person is unable to act on their own behalf, it means the ...
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The Difference Between Formal and Informal Probate in Minnesota

There are two different tracks one can take when an estate needs to go through the probate process in Minnesota : formal and informal. Informal probate is the most commonly used form, and is easiest ...
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What Happens to Business Interests in Minnesota Divorce?

When parties are married, everything that is earned or created during the marriage is marital property . Also included in the definition of marital property is a portion of any asset that was acquired ...
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Using Parenting Plans in Minnesota Custody Cases

When parties decide to get a divorce, how do they determine the parenting schedule that will be used? The court looks at the 13 “best interest” factors when determining custody. Each of ...
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Protecting Your Credit in Real Property Divisions in Minnesota Divorce

A common part of a settlement agreement with divorce is the division of the homestead . Real property is considered marital if it was purchased during the marriage, regardless of whose name is ...
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The Rights of Unmarried Fathers in Minnesota Family Court

What are an unmarried Father’s Rights? If a man and a woman are unmarried at the time of a child’s birth, the mother has sole legal and physical custody until the Court issues an Order ...
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Minnesota's Courts Bring New Tools in Fighting Domestic Violence

Domestic violence is a huge issue in many family law cases, and many times the victims do not feel like the system is able to help them as much as they need it to. A recent homicide/suicide case has ...
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ICMCs and the Early Neutral Evaluation Process

In Hennepin County and Ramsey County, the family courts have adjusted to make the process more amicable for cases. Instead of filing a case and having nothing happen for some time, the courts have ...
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Minnesota Home Mortgages and Divorce

With the state of economy today many people are dividing up debt rather than assets in divorce. One of the biggest decisions divorcing parties must make is what to do with their home. It is more ...
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Minnesota Third Party Custody

Third Parties , grandparents and other relatives often become the primary care-providers and role models for children in situations where the biological parents are missing or unfit due to negligence, ...
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Annulment vs. Divorce: Which is Right for Me?

Under Minnesota law, when two married individuals plan to separate, the most common route is to get a divorce. Often, people want to get an annulment for religious reasons. However, a religious ...
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Preserving Your Rights When Your Ex Files For Bankruptcy

In the current economy, many people have been faced with the reality of bankruptcy . Often, people spent more than they had and are left holding the bill. The bankruptcy process exists to give ...
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New Lending Guidelines & Their Impact on Divorced Minnesotans

Fannie Mae and Freddie Mac own the majority of the mortgages in the United States. Recently, their guidelines have changed in ways that impact family law. Mortgage banker Mitch Irwin specializes in ...
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