Blog Posts in 2010
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Posted on Dec 17, 2010 By H&L Law Firm
Recently it has come up in some of my cases that one party cannot find the other party but wants to file for divorce. This can be because of problems that have recently occurred or when the parties ...
Continue reading "How do I get a divorce in Minnesota if I can't find my spouse?" »
Posted on Nov 17, 2010 By H&L Law Firm
With the recent news in England of Prince William and Kate Middleton’s engagement, there has been discussion in the media of whether or not a prenuptial agreement will be signed. Traditionally, ...
Continue reading "Prenuptial Agreements in Minnesota" »
Posted on Jun 21, 2010 By H&L Law Firm
Often in divorces, the parties are not on an equal playing field to start. When there are children involved, one party is usually the primary caretaker and is footing the bill for caring for the ...
Continue reading "Using Temporary Relief Motions in Divorce in Minnesota" »
Posted on Jun 14, 2010 By H&L Law Firm
Often in a divorce , the parties do not trust each other to fully disclose all of their assets or may believe that a spouse is intentionally hiding money or property from the other. A full and fair ...
Continue reading "The Discovery Process: What Makes up a Marital Estate in Minnesota Divorce?" »
Posted on Jun 7, 2010 By H&L Law Firm
More often than not, once child support is set in a case it will be modified at some point in the future. This can be for a number of reasons. The most straightforward, however, are that either parent ...
Continue reading "How Can I Change my Child Support Obligation in Minnesota?" »
Posted on May 18, 2010 By H&L Law Firm
When parties reach an agreement on custody and parenting time , there are often other provisions added into the agreement that would not otherwise be if the court decided the issue. Below are a few ...
Continue reading "Common Additional Provisions Added in Custody Agreements" »
Posted on May 10, 2010 By H&L Law Firm
There are two unique situations where parentage must be addressed in a divorce action: when the parents were not yet married at the time of the child’s birth and when the wife is pregnant at the ...
Continue reading "How and When is Parentage Addressed in Divorce?" »
Posted on May 3, 2010 By H&L Law Firm
It is becoming increasingly common for parties other than a child’s biological parents to take over caring for a child on a regular basis. The legal process to change custody is through a third ...
Continue reading "Calculating Child Support in Third Party Custody Cases" »
Posted on Apr 26, 2010 By H&L Law Firm
If you have a child support order that is enforced through the state agency, there may be an automatic adjustment filed on your behalf for the cost of living. If this is done, notice is sent to the ...
Continue reading "Changes to Basic Child Support Awards" »
Posted on Apr 26, 2010 By H&L Law Firm
If you have a child support order that is enforced through the state agency, there may be an automatic adjustment filed on your behalf for the cost of living. If this is done, notice is sent to the ...
Continue reading "Changes to Basic Child Support Awards" »
Posted on Apr 19, 2010 By H&L Law Firm
When the court makes a custody determination , the judge is to consider the thirteen “best interest” factors that are set out in Minnesota Statute 518.17. These factors are taken into ...
Continue reading "How Does my Criminal History Affect Custody Determinations?" »
Posted on Apr 12, 2010 By H&L Law Firm
In the state of Minnesota, child support is determined based on both parents’ income and the amount of parenting time each parent is awarded. Custody labels such as “joint physical ...
Continue reading "How is Child Support Calculated in Minnesota?" »
Posted on Apr 6, 2010 By H&L Law Firm
When parents have decided to get a divorce but nothing has been done in court yet, they may not agree on what parenting time schedule should be used or who should stay in the home until all is said ...
Continue reading "How is Parenting Time Determined in a Divorce?" »
Posted on Mar 29, 2010 By H&L Law Firm
If either party to a marriage or other family law matter is an active service member, there are protections in place that may prohibit the action from going forward without them. This protection is ...
Continue reading "How Does Military Status Affect Divorce?" »
Posted on Mar 22, 2010 By H&L Law Firm
Minnesota does not recognize same-sex marriage . Of course there are still families of same-sex couples, and custody matters need to be decided. How do the courts in Minnesota determine these issues? ...
Continue reading "How Are Custody Matters Determined in Same-Sex Families in Minnesota?" »
Posted on Mar 15, 2010 By H&L Law Firm
Trials in Minnesota divorce cases are very rare. In practice, probably 99% of cases settle either prior to any court involvement or during court. This is done by the parties agreeing to the issues, ...
Continue reading "Trials in Minnesota Divorce Cases" »
Posted on Mar 8, 2010 By H&L Law Firm
In the news recently, there has been coverage of a case in Chicago where the parents disputed what religion to raise the child and the father faced contempt of court for exposing the child to his ...
Continue reading "Who Decides What Religion to Raise Children in Minnesota Divorces?" »
Posted on Mar 1, 2010 By H&L Law Firm
Spousal maintenance, formerly known as “alimony” , is not as common as is often believed. The typical spousal maintenance case involves a long-term marriage where one spouse did not work ...
Continue reading "Determining a Spousal Maintenance Award in Minnesota Divorce" »
Posted on Feb 22, 2010 By H&L Law Firm
In the state of Minnesota, the way child support is calculated underwent a major change in 2007. Child support is now calculated by a strict formula, taking into account each parent’s gross ...
Continue reading "MN Child Support: How is it Calculated?" »
Posted on Feb 15, 2010 By H&L Law Firm
Sometimes when parties are nearing the point of divorce or a custody battle , there is an incident of domestic abuse that occurs between the parties. If the domestic abuse extends to the children, ...
Continue reading "Will Domestic Abuse Affect my Custody or Divorce Case in Minnesota?" »
Posted on Feb 11, 2010 By H&L Law Firm
The divorce process is very emotional and sometimes the parties have mixed feelings going through it. The parties may not be in agreement to go forward with the divorce. So what happens if during the ...
Continue reading "What if my Spouse and I want to Reconcile During the Divorce Process?" »
Posted on Feb 8, 2010 By H&L Law Firm
Almost always in a divorce, one party is in a better financial position than the other. This could be due to one being a stay-at-home parent or homemaker, one party having more education than the ...
Continue reading "Can the Court Make my Spouse Pay my Attorney Fees?" »
Posted on Feb 4, 2010 By H&L Law Firm
Often during the course of a divorce or custody dispute, one parent wants to move out-of-state with the child. Minnesota law requires the parent to either get the consent of the other parent or to get ...
Continue reading "Am I Allowed to Move my Child out of Minnesota?" »
Posted on Feb 1, 2010 By H&L Law Firm
In the state of Minnesota, if you are the victim of domestic abuse you may be able to obtain an Order for Protection. For more information on OFPs, see our webpage . When an incident of violence ...
Continue reading "How Can an Order for Protection Influence a Custody Case or Divorce in Minnesota?" »
Posted on Jan 28, 2010 By H&L Law Firm
When an individual dies without having a will, called dying “intestate”, Minnesota Statutes have a default order of distribution for any assets that individual had. Of course, when you ...
Continue reading "What Happens to my Assets if I do not Have a Will?" »
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