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How Much Does A Prenup Cost?

A prenup (also known as an ante-nuptial agreement, premarital agreement, or prenuptial agreement) can be relatively inexpensive or very expensive depending on the issues and property involved. A prenuptial agreement is a contract that parties sign prior to marriage that triggers in the event that the parties are divorced.  If parties have a lot of… Read more »

Can people other than the parents have parenting time?

Yes.  People other than parents may be granted parenting time, depending on the circumstances. Oftentimes we see a grandparent request parenting time with a grandchild.  Usually, the courts will expect that a grandparent will exercise parenting time on the parent’s parenting time, and not have court ordered time of their own.  This may not be… Read more »

How are Family Heirlooms Divided in a Divorce?

The division of family heirlooms in a divorce proceeding largely depends on whether the heirloom is considered marital property or non-marital property.  In Minnesota, non-marital property is property that one party either; (1) acquired before the marriage; (2) acquired during the marriage by gift, bequest, devise, or inheritance from a third-party; or (3) acquired after… Read more »

Does my Spouse have to appear in Court for a Divorce?

No, your spouse does not need to be present for the court to issue a divorce decree. Under Minnesota Stat. 518.13, if one party does not appear, the court may default the party, i.e. grant the divorce even if one spouse doesn’t participate. Additionally, if there are no minor children, then the parties may send a Stipulated… Read more »

What if I have a Custody-Emergency Situation?

Motions to modify custody or parenting time can take months for the court to hear.  The court’s calendar, attorneys’ availability, and the usual requirement that the parties take part in alternative dispute resolution(ADR) all contribute to the length of time before the judge can make a decision. But what if you need a decision right… Read more »

What is a Guardian Ad Litem and Why do I have one on my Case?

A Guardian Ad Litem (referred to as “GAL” for short) is a person who acts as an advocate for a child or incapacitated person when the court is concerned about his or her welfare.  In short, the GAL serves as a representative of the child or incapacitated person and acts as an advocate for that… Read more »

Can I File an Uncontested Divorce on my own?

While either party can file for an uncontested or contested divorce, it is always a good idea to consult with an attorney on your divorce before filing.  Sometimes parties choose to start the divorce process on their own, either because they cannot afford an attorney, or they believe that they can handle the divorce on… Read more »

How Does Co-owning a House (and Mortgage) Work Post-Divorce?

The disposition of the homestead is determined in the divorce.  If one party is awarded the house, but the other party is still on the mortgage, then both parties could be liable for any deficiencies or missed payments on the property. For example: Jack and Jill own a home during their marriage. Both of their… Read more »

Can You Change an Uncontested Divorce to a Contested Divorce?

Yes, you can generally change from an uncontested to a contested divorce at any point during the divorce proceeding. At the onset of a divorce, parties oftentimes believe that their dissolution proceeding is uncontested based on informal conversations with their spouse. Usually unrepresented parties do not address all issues that need to be resolved in… Read more »

Dividing a Pension Plan: The Janssen Formula

A pension is a regular payout made during an employee’s retirement.  There are different types of pension plans, and each one provides a range of options for the employee.  For example, a vested pension is one that survives the voluntary or involuntary termination of the employee.  Alternatively, a matured pension is a pension that an employee has an immediate… Read more »

Qualified Domestic Relations Order (QDRO)

A Qualified Domestic Relations Order or QDRO (pronounced “Kwa-Drough”) is a technique attorneys use to shift ownership of funds from one party’s retirement account to another.   A  QDRO is typically used to move funds during marriages, child support cases, and spousal support settlements between former and current spouses. The party who owns the retirement account… Read more »

Can I Have More than One Lawyer for the Same Divorce Issue?

It depends.  Sometimes people request that two law firms team up or collaborate to represent them in their divorce case. This might be because one attorney specializes in a particular issue or area of law that is relevant to the case.  For example, there may be a real estate or business attorney representing the interests… Read more »

Changing Last Names Following a Divorce

Many people who go through a divorce have to decide if they want to change their last name after the divorce is final.  Some people opt to keep their last name, while others seek to change it as part of their push for a clean slate.  But how does one change their last name following… Read more »

How Infidelity Affects Divorce Proceedings

Cheating scandals are commonplace in the news today, and many of these couples opt for a divorce.  While infidelity takes certain emotion and physical tolls, it may have a varying effect on divorce settlements and payments. Minnesota is considered a “no-fault” state when it comes to divorce, meaning that a couple can seek a divorce… Read more »

My Spouse Wants a Divorce – Now What?

Your spouse has just told you that he/she wants a divorce. Chances are you are dealing with a whirlwind of emotions. On top of that you need to prepare yourself for what comes next in the legal divorce process. Here is an outline of what to expect after your spouse asks you for a divorce…. Read more »

Common Changes in Child Behavior Following a Divorce

Children whose parents have divorced often exhibit both mental and physical changes, but these occurrences are not uncommon and can be part of the healing process post-divorce. A divorce is challenging for all parties involved, but it can take a harder toll on children who have difficulty comprehending the process.  Children may cope with these… Read more »

Will my Spouse have to Pay my Attorneys’ Fees?

A common question that divorcing parties ask is whether or not their spouse will have to pay for their attorneys’ fees.  There are two types of attorneys’ fees that a party may be awarded: “need-based” and “conduct-based.” Need Based Attorney’s Fees An award of attorney fees is permissible under Minn. Stat. § 518.14.  Under this… Read more »

What Happens in a Minnesota Child Custody Evaluation?

Today, fewer and fewer Minnesota counties have the funds available to provide custody evaluation services.  Therefore, parents who disagree about custody and parenting time arrangements for their children must retain and utilize the services of a private custody evaluator. Sometimes, the custody evaluation can be a “full scope” evaluation that addresses custody labels, parenting time… Read more »

The Impact of Divorce on Children

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 the divorce but significant decreases in performance in math and social skills of the children at the time of and following the divorce. The results… Read more »

FAQ: What is a temporary relief hearing?

A temporary relief hearing is a court hearing that determines what will happen during the pendency of your family law matter.  For example, if a couple is divorcing and they cannot agree on parenting time during their divorce proceedings, they can ask the court to determine temporary custody and parenting time.  Parties can also ask… Read more »

What is a Recognition of Parentage (ROP)?

A Recognition of Parentage (ROP) is generally a document that unmarried parents sign at the hospital after the birth of their child. However, a ROP can be signed up until the child turns the age of majority. Under Minnesota law, if a minor child is born after both parents are married, the husband is presumed… Read more »

Is an Annulment Easier or Cheaper than a Divorce?

Typically no. Unless there is a personal reason (i.e. for religious purposes), the parties may as well pursue a divorce rather than an annulment. To get a marriage annulled, the marriage must be voidable. Minnesota Statutes §§518.02 through 518.05 control annulments in Minnesota. A marriage may be annulled if: 1)      One party was not able… Read more »

Enforcing Child Support Orders in Other States

We’ve written a lot about child support orders, and the importance of following them. But do child support orders change if the mother or father moves to a different state? In short, no – child support orders do not change if you or your ex moves to another state. There are numerous state and federal laws… Read more »

The Importance of Following Court Orders in Divorce Cases

Court orders are very serious. Whether the court made its order based on its own findings or whether the court adopted a stipulated agreement, the involved parties are expected to follow the order. For example, say there is an order for parenting time where the mother is granted parenting time with the parties’ children every other weekend. The… Read more »

Orders for Protection – A Sword or a Shield?

An Order for Protection (OFP) is a tool that a person can use to protect themselves or their children against an abuser that they are related to, married to or were married to, live or have lived with, have a child with, or have a significant romantic relationship with. Through an OFP, the Court can grant the following… Read more »

TOP 5 Ways to Make the Most of Your Attorney’s Retainer

In family law, attorneys generally charge an upfront retainer before getting started on a client’s case. These retainers are usually between $2,000 and $5,000. While this may seem like a lot, these retainers are quickly depleted after an attorney drafts pleadings and motions, attends hearings, and has multiple communications with clients. Make the most of… Read more »

3 Tips for Beginning your Child Custody Case

Whether through a divorce or just a custody case with the mother/father of your children, determining where your children will be living and your involvement in their future is scary. Here are 3 tips to remember as you start your custody case: Emails, text messages, & letters can all be brought to Court. Attorneys, evaluators, and judges… Read more »

Can Child Support Arrears Affect my Ability to Get a Passport?

When child support is collected through the county child support office, there are more enforcement remedies available than when child support is collected by the parent to whom it is owed. One of those remedies involves the obligor’s, or person who has to pay support, ability to get or renew a passport. Pursuant to federal law, if… Read more »

My Spouse and I Agree on Everything – Why do I Need a Divorce Lawyer?

More often than not, the family law attorneys in our office are confronted with this question: “Why do I need a divorce lawyer, when my spouse and I agreed on everything?” In short, a divorce attorney can ensure that your rights are protected, that there is actually an “equitable division” of martial property, and that custody and parenting time schedules… Read more »

Top 5 Tips for Dealing with a Child Custody Evaluator

Sometimes in child custody cases a custody evaluator is used as a neutral third party to make determinations of custody and parenting time. Here are the top 5 tips for dealing with a custody evaluator. Be respectful. Realize that the custody evaluator is only doing his or her job and that job is to assess you and your relationship… Read more »

3 Things to Remember When Dividing Property in Divorce

Sometimes, clients will believe that if their name is removed from the title of the home, then they are removed from the liability of the home (i.e. the outstanding mortgages or home equity lines of credit). Unfortunately, this is not the case. Your divorce decree can divide up property and determine the disposition of the home; however,… Read more »

5 Tips for Appearing in Minnesota Family Court

Even with a family law attorney by your side, there are things a party could do or say that may negatively impact their family law case. Here are a few tips for putting your best foot forward when appearing in front of family law judges in Minnesota. Family law matters are emotionally charged so it’s important to adhere to… Read more »

The Importance of Affidavits in Motion Practice

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 exhibits are introduced to the court through the testimony that supports them. In a motion hearing, exhibits are admissible but are submitted… Read more »

5 Things You Need to Know about Orders for Protection (OFPs)

Sometimes in divorce cases, one or both parties files for an OFP (Order for Protection). These are court orders that protect the party in question from abuse. There are many misconceptions about OFPs. Here are the 5 things you need to know about OFPs. You can be served up to 12 hours before the hearing. However,… Read more »

Top 5 Things to Know About Child Support in Minnesota

Income Share Model. Many parents assume that child support is only based on the obligor or non-custodial parent’s gross monthly income. Minnesota, along with many other states, applies what is called the income-shares model. Under this model, child support is based on both parents’ incomes. Even if one parent is not working, income will be “imputed” to them…. Read more »

Attorneys’ Fees and Appeals – Who Pays?

An appeal is a very technical and potential very expensive process. In addition to attorneys’ fees for drafting the pleadings, the parties must also pay for: Transcripts for Court Hearings Filing Fees Appearance by the Attorney for the Oral Argument And Possibly Appellate Mediation And in the end, that party may lose their appeal. A common client… Read more »

5 Things to Bring to a Financial Early Neutral Evaluation

A Financial Early Neutral Evaluation is one avenue you can explore when attempting to settle disputes relating to spousal maintenance, child support, or the division of property. Oftentimes, the neutral will instruct all parties to bring specific financial documents to the FENE. However, it is your responsibility to bring these materials. Below is a list of five… Read more »

Negative Equity in Real Estate

With the state of the real estate market these days, it is not uncommon for divorcing parties to have to decide what to do with a house that is “underwater” (where the mortgage is greater than the value of the home). While it may seem fair to assign a “negative value” to the home and award the party taking… Read more »

Can I Make my Spouse Pay my Attorney’s Fees?

A question that often comes up in a family law proceeding is “can I get my spouse to cover the cost of my attorney?” Under Minnesota Statute §518.14, a party may request that the Court award him or her attorney’s fees if: Requesting the fees will not unreasonably contribute to the length of the proceeding The other… Read more »

Changing Custody: Integration into the Other Parties’ Home

Here is a common scenario: Husband and Wife get divorced. Wife is awarded sole physical custody of the parties’ two young minor children. Fast forward ten years, and one of these children is a teenager. Teenager is no longer getting along with her mother, and decides that she wants to live at her father’s house…. Read more »

Stock Options and Divorce

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 stock option allows the holder of the option to purchase a predetermined number of shares, prior to a specified expiration date, at a… Read more »

Supervised Parenting Time When a Parent is Out of State

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 allowed. Supervision may be done by a family member or friend, the custodial parent, or a third party in a supervised visitation center. Supervised visitation does not… Read more »

What Happens in Minnesota if I Find Out My Spouse is Already Married?

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, intentionally or not, the subsequent marriage is considered by the court to never have taken place. Legally, it is prohibited and considered void and… Read more »

What Do I Do if I Don’t Like My Family Law Attorney?

As a client, interviewing potential attorneys is very important. You want to find someone who understands their area of practice and who you feel you can work with. A healthy attorney-client relationship requires open communication and trust. If you feel like you cannot trust your attorney, or your attorney cannot trust you, then the relationship will fail…. Read more »