Recent Posts in Contested Divorce Category
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Posted on Mar 26, 2012 By Minnesota Divorce Lawyer
The India High Court in Delhi recently ruled that a spouse denying sex during marriage is cruelty and grounds for divorce . The particular case in question is that of a "sex-starved" husband ...
Continue reading "India Court Rules Denying Sex is Grounds for Divorce" »
Posted on Jan 4, 2012 By Minnesota Divorce Lawyer
A divorce begins when the petitioner (the person who initiates the divorce) serves two legal documents, the Summons and the Petition, to the Respondent (The other party in the divorce). The Respondent ...
Continue reading "Contested vs. Uncontested Divorce" »
Posted on Oct 10, 2011 By Minnesota Divorce Lawyer
Marriage counseling is not a requirement prior to divorcing in Minnesota . Minnesota, like many other states, is "no fault" for divorce. This means that neither party has to give the court a ...
Continue reading "Marriage Counseling in Minnesota Divorce" »
Posted on Sep 15, 2011 By H&L Law Firm
Today, stock options can be significant assets in a marital estate that need to be divided during a divorce. Many employees from mid-level to executive participate in corporate stock option plans. A ...
Continue reading "Stock Options and Divorce" »
Posted on Jul 12, 2011 By H&L Law Firm
In certain situations, supervised parenting time may be warranted. The court may order parenting time to be supervised if it finds that endangerment is likely if unsupervised parenting time were ...
Continue reading "Supervised Parenting Time When a Parent is Out of State" »
Posted on Jun 28, 2011 By H&L Law Firm
Rarely the situation arises where an individual finds out that their spouse is still married to someone else What is done in this case? If someone was previously married and never obtained a divorce, ...
Continue reading "What Happens in Minnesota if I Find Out My Spouse is Already Married?" »
Posted on Jun 2, 2011 By H&L Law Firm
A new study was published in the American Sociological Review regarding the impact of divorce on children. The study followed children grades kindergarten through fifth, and found no impact prior to ...
Continue reading "The Impact of Divorce on Children" »
Posted on Apr 27, 2011 By H&L Law Firm
Most of the time parties appear in court, it is for a motion hearing rather than an evidentiary hearing. an evidentiary hearing is basically a trial where testimony is taken from witnesses and ...
Continue reading "The Importance of Affidavits in Motion Practice" »
Posted on Feb 28, 2011 By H&L Law Firm
Parties do not have to file for divorce in the state in which they were married. However, Minnesota has specific residency requirements that must be met in order for a person to file for divorce in a ...
Continue reading "When to File for Divorce in Minnesota" »
Posted on Feb 1, 2011 By H&L Law Firm
Marital property is any property that is acquired during the marriage. If during your marriage you and your spouse purchase a home, then this home is considered “marital property.” If ...
Continue reading "The Difference Between Marital and Non-Marital Property" »
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 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 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 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 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 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 25, 2010 By H&L Law Firm
Domestic abuse is a serious issue that often infiltrates divorce and custody matters . When emotions and tensions are high, some individuals cannot handle the stress and problems arise. Also, there ...
Continue reading "A New Way of Viewing Domestic Abuse in Family Court" »
Posted on Jan 21, 2010 By H&L Law Firm
Minnesota Statutes require all divorcing couples with children attend an educational course. Some counties, like Hennepin County require that the children of divorcing couples attend an educational ...
Continue reading "Divorce Education Classes In Minnesota" »
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