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The 5 Most Problematic States For Divorce

Going through a divorce can be a cumbersome process, especially if you live in a state that has some unique laws the divorcing parties must follow. Below, we look at five states that drag out the divorce process, and Kelsey Karls explains how they stack up to Minnesota. 5. California – Although California is a… Read more »

Costs of Raising a Child Continue to Grow in the United States

A new report by the United States Department of Agriculture found that the cost of raising a child to the age of 18 continues to increase. According to the data, on average it costs $245,340 dollars to raise a child born in 2013 to the age of 18, and that doesn’t include college tuition. If… Read more »

The Rise of Divorce: A State-by-State Analysis

With the exception of Wyoming, Vermont and Georgia, every state in America saw an increase in the number of divorced residents living in their state since 2007. The analysis published on Bloomberg.com examined the change in the number of residents age 15 and older who were divorced in 2012 compared to similar data collected in… Read more »

Tweet and “Like” Your Way to a Divorce 

Social media has plenty of benefits. You can stay up to date with your friends and track down long lost college roommates, but it also has a dark side. Social media can lead to a decrease in happiness, breed narcissism and cyber bullying, and according to a recent study, lead to divorce. A new study… Read more »

Heimerl & Lammers Honored By Super Lawyers Magazine 

We are pleased to announce that all five partners at Heimerl & Lammers have been recognized this year by Super Lawyers Magazine. Leading the way was Katie Lammers, who earned the Super Lawyer distinction. No more than 5 percent of attorneys in each state earn the Super Lawyer honor each year. Congratulations to Katie! Thank… Read more »

Divorce Can Lead to Weight Gain in Children

Researchers from the Norwegian Institute of Public Health and the University of Oslo said children of divorce might be more likely to gain weight than children of married couples, according to a new study. For their study, researchers analyzed the height and weight of more than 3,100 Norwegian third graders. After the measurements were taken,… Read more »

Study Shows Joint Parenting May Be Most Beneficial

Children who spend time with both parents after a divorce may be better off than those who only live with mom or dad, according to research from the American Psychological Association. The study suggests that joint parenting agreements can help children adjust in the aftermath of a divorce. Dr. Robert Bauserman of the Baltimore Department… Read more »

When Is The Worst Time To Divorce?

Marketwatch recently put out an interesting article on the timing of divorce. In their article they noted that a University of Minnesota study indicated that more people, both young and old, were seeking divorces. With divorce rates on the rise, they asked the question, “Is there a good time to get divorce?” Obviously no one… Read more »

10 Tips for Representing Yourself in Your Divorce

We oftentimes receive a call or question from someone who wants to know if they can represent themselves in a divorce. The answer is “yes.” Technically, you can represent yourself; however, there are some basics you should know. 1.  You are pro se  (pronounced “pro-say”) This is the Latin term for “for one’s own behalf;… Read more »

Pizza Fliers Help Fuel Surge in Child Support Payments

While the University of Kentucky may have fallen just short of a National Championship during last month’s NCAA basketball tournament, one Kentucky county is celebrating a big success from its latest campaign to collect child support payments. Hopkins County ran a “March Mania” campaign during the NCAA Tournament in which they teamed up with a… Read more »

Avoiding Bankruptcy After A Divorce 

There’s no way around it. Divorce can be a financial setback for those who have become dependent on a spouse’s income, especially if children are involved. Things like vacations, private schools for their children, music lessons and expensive sports oftentimes have to be cut or curtailed because the funds are not there anymore. Decreased financial… Read more »

Minnesota Study Claims “Divorce Risk” Continues To Increase

Despite a general belief that divorce rates have fallen over the last 30 years, a new study conducted by researchers at the University of Minnesota suggests that the rate has remained steady, while the “risk of divorce” has increased significantly. The study titled “Breaking Up is Hard to Count” explores divorce rates when adjusted for… Read more »

Can Physics Solve Child Custody Issues?

Parents, judges and family law practitioners have all worked towards developing the perfect child custody agreement, but could the ideal arrangement be solved through physics? That is the question physicist Andres Gomberoff attempted to tackle when trying to find the optimal solution that would allow him to spend the most time with his children and… Read more »

How Redbox Can Help Cut Divorce Rates

A new theory out of the University of Rochester suggests that couples can actually lower their likelihood of divorce by heading over to the nearest Redbox. Ronald Rogge, associate professor of clinical psychology and co-author of the study, wanted to learn how couples could improve their relationship through activity and communication. He decided to see… Read more »

3 Helpful Post-Divorce Apps

Technology continues to work its way into our everyday lives, and in doing so it’s no wonder that electronic communications are commonly referenced in the court of law. Email and other electronic communications simplify our life and make it easier for people to stay in touch with their attorney, and as smartphone ownership continues to… Read more »

Top 5 Ways to Cut Costs During a Divorce

Some people try to “go it alone” and try their hand at drafting their own divorce documents. In Minnesota, there are forms online and at the courthouse that allow people to act as their own attorney and fill out the form to be processed without any legal representation. Most of the litigants in divorce court… Read more »

Shared Parenting Rulings on the Rise in the US

An increasing amount of states are shifting towards a shared parenting presumption in family law cases, as proponents believe children are better served if they can spend equal time with both parents. “The best interest of the child or children trump the interests of the filing parent,” said Tom Barnett, the executive director of the… Read more »

Inactive Status Allows Minnesota Couples To Reconsider Divorce

No two divorces are the same. Some are amicable, while others are a little testier. Sometimes a person files for divorce after months of evaluation, other times it occurs in a quick moment of clarity.  However a couple comes to the decision to file for divorce is up to them, but sometimes the partners begin… Read more »

The Worst Piece of Divorce Advice

A recent Huffington Post article outlined the top 11 worst pieces of marriage advice. One piece of advice in particular relates to divorce as well. That piece of “bad advice” is that “you can always get divorced.” Minnesota: No-Fault State Minnesota is a no-fault state, which means neither party needs to have a reason to… Read more »

Getting the Most Out of Your Family Law Retainer

Going through a divorce or child custody issue can be tough, but it doesn’t have to be hard on your wallet. Attorneys typically ask for a retainer fee before a case begins, and they return anything left over after the case is settled. Sometimes clients get a large portion back; in other cases, they are… Read more »

Parents Often Overlook Impact Divorce Has On Children

A new study suggests that many divorcing parents overlook the effects separation has on children, which means parents might unintentionally be making the split harder than it needs to be on their kids. Study Findings Separate studies conclude that the elements of a divorce are viewed differently from the eyes of a child. According to… Read more »

Drinking Habits Impact Divorce Likelihood

A new study out of the University of Buffalo found that couples who have similar drinking habits are less likely to get a divorce than a pair who have disproportion consumption habits.  Findings For their study, researchers tracked newlyweds over a nine-year period. They found: Couples who have similar drinking habits sought a divorce 30… Read more »

Dealing With Divorce During The Holidays

For some, holidays can be a great time to celebrate the season with friends and family, but for others, it can be a very stressful time of year. If your relationship is on the rocks heading into the holidays, the extra stress could push you over the edge. Family Law Attorney Katie Lammers says she… Read more »

Divorce Likelihood Decreases As Number of Siblings Rises

Research suggests that the more brothers and sisters a person has, the less likely they are to go through a divorce. Based on data encompassing over 57,000 adults between 1972 and 2012, researchers found that each additional sibling a person has (up to seven) decreased their likelihood of divorce by two percent. “There are a… Read more »

Child Custody Do’s and Don’ts During The Holidays

Getting through the holidays can be stressful enough without having to juggle parenting time with an ex.  Small disagreements can spiral out of control as emotions run high this time of year. Below, Family Law Attorney Amanda Crain shares some do’s and don’t’s for managing child custody issues during the holidays. DO: Review your current… Read more »

Are Child Support Payments Mandatory?

Some people mistakenly believe that if they have joint custody or equal parenting time that automatically means child support does not exchange hands. In 2007, Minnesota changed the way child support was calculated. Now, both parents’ incomes, the amount of time each parent spends with the child, and the cost of medical and dental premiums and… Read more »

Study Shows Divorce May Be Harder on Men

New findings reported in Journal of Men’s Health found that men may be at greater risk to suffer harmful health effects following a divorce. The peer-reviewed publication suggests that men are at a higher risk for heart disease, high blood pressure, and stroke than their married counterparts, and they are 39 percent more likely to… Read more »

Divorce Likelihood Increases if Friends or Family Members Are Divorced

A new study by researchers at Brown University suggests that, similar to the flu, divorce may be contagious if you are exposed to it on frequent basis. Rose McDermott was the lead researcher on a decades-long study that analyzed marriage, divorce, and remarriage patterns among thousands of New England residents. McDermott and colleagues analyzed data… Read more »

A Collaborative Approach to Divorce

Issues like asset division and child visitation rights can bog down divorce proceedings, lengthening a process that neither party wants to drag on, but a fresh approach to divorce mediation may help speed up the process and leave couples on better terms. Collaborative divorce is one of the latest attempts to make the separation process… Read more »

Men More Likely to Look Through Partner’s Phone

A new study out of the UK found that men are nearly twice as likely as women to look through their significant other’s text messages and call log without their knowledge. The study was conducted by the UK-based cell phone outlet Mobile Phone Checker, which surveyed over 2,000 adults currently in a relationship. The study… Read more »

Gray Divorce Becoming More Common for Older Couples

According to the Census Bureau, five times as many Americans over the age of 50 are divorced than they were only 50 years ago. Census data revealed that only 2.8 percent of Americans over the age of 50 were divorced in 1961, but that number has steadily risen over the last few decades. That number… Read more »

Parents Could Lose Custody of Child Over Failure to Treat

A custody battle between an Ohio family and a hospital has sparked a national debate over who should have the final say in providing lifesaving treatment to minors. The case at hand involves an Amish family that decided to take their 10-year-old daughter off of a chemotherapy regimen designed to treat her leukemia diagnosis because… Read more »

Couple Battling Through 10-Year Divorce

Most people who have to go through a divorce hope the process goes as smoothly and quickly as possible, but that’s the exact opposite of what’s going on in a courtroom in Connecticut. Although the divorce has gone through, David Zilkha and his ex-wife Karen Kaiser have been embattled in a 10-year tussle over stipulations… Read more »

The Benefits of Settling in a Divorce

When there is a contested issue in a family law case, there are generally two ways that the issue will be resolved: either the judge will make a decision on the contested issue, or the parties will settle the issue themselves. There are many benefits to settling a matter, and even in a case where… Read more »

Summer Months Put Strain on Relationships

As we noted in a blog post earlier this week, the back-to-school season can be hectic for divorced parents, but a new study shows that it’s the summer months that can lead couples to split. The report outlines three main factors that could increase the likelihood of a divorce, including: Increased pressure of balancing work… Read more »

5 Back to School Tips for Divorced Parents

School is back in session, and many parents are breathing a sigh of relief now that their children have returned to the classroom. Caring for children can be especially difficult in the summer if the child is too young to be on their own while the parents are at work, but for divorced parents, the… Read more »

Couples Say Cost of Splitting is Top Concern in a Divorce

A new study by Avvo revealed that the cost of splitting up is the top concern among divorcing couples. The poll asked 890 individuals and 447 attorneys to evaluate the top concerns of going through a divorce. Some of the survey findings were: 58 percent of respondents without children listed the cost of a divorce… Read more »

Free Attorney Resources in Minnesota

Potential clients looking for legal representation may sometimes pursue a pro-bono (no cost) or reduced fee attorney.  Typically, reduced-fee or free legal services are only available for those who have low incomes. Not all private law firms provide pro-bono or reduced fee representation, and those that do provide these services will do them on a… Read more »

Divorce Has Greater Impact on Young Children

A new study published in Personality and Social Psychology Bulletin revealed that children of divorce might develop a more insecure relationship with their parents if the divorce occurs at a young age. Two graduate students at the University of Illinois at Urbana-Champaign pioneered the study, and its goal was to determine how the timing of… Read more »

Americans Becoming Less Tolerant of Cheating Partners

A recent Gallup roll found that 91 percent of American adults believe adultery is wrong, a big jump from 40 years ago, when only 70 percent of people believed extramarital affairs were “always wrong”. Americans have shown that they are willing to accept some societal trends once considered taboo, but we continue to have an… Read more »

Study Highlights Reasons Why Couples Seek a Divorce

A study by Co-operative Legal Services found that poor lifestyle and financial planning were two main reasons that couples sought a divorce. The study polled both married and divorced couples in hopes of pinpointing the biggest factors that lead to marital dissatisfaction and divorce. Marital Dissatisfaction Simply having an in-depth discussion about important family matters… Read more »

Relationships that Begin Online Less Likely to End in Divorce

A new study published in the Proceedings of the National Academy of Sciences found that more than one-third of American marriages began with an online relationship, and those marriages were less likely to end in divorce than relationships that began in person. Although the party funding the study (eHarmony) had a vested interest in the… Read more »

Can I Deny Parenting Time to my Ex is they are not Paying Child Support?

No. Child support and parenting time are considered two separate issues. A parent cannot deny parenting time to the other because that parent is not paying child support or is behind on their child support payments. Attached to all court orders dealing with child support and/or spousal maintenance is a document called Appendix A. Appendix… Read more »

Defense of Marriage Act (DOMA) Struck Down by Supreme Court

The decision is out on United States v. Windsor, and the United States Supreme Court, by a 5-4 vote, has decided that The Defense of Marriage Act, the law barring the federal government from recognizing same-sex marriages legalized by the states, is unconstitutional. US v. Windsor The basic facts of United States v. Windsor are… Read more »

Supreme Court to Issue Landmark Gay Rights Ruling Tuesday

The Supreme Court is expected to announce a ruling on Tuesday that could greatly expand benefits to same-sex couples in the United States. Similar to when we documented the legalization of gay marriage in Minnesota, the court ruling will be felt across the nation. Windsor v. United States The case at hand is Windsor v…. Read more »

Couples should be Wary of Online Divorce Programs

You probably know at least one couple that met online, but do you know any couples that got their divorce online?  It may sound strange, but a new program called Wevorce is attempting to corner the divorce market by offering a simplified online divorce solution that is cheaper than the in-person process. According to the… Read more »

Could Minnesota End Permanent Alimony?

During a divorce, one of the issues the court examines is the ability of each party to earn a living on their own.  In order to ensure both parties are financially stable after a divorce, the court will award spousal maintenance payments. Spousal maintenance, formerly known as alimony, is a regular payment made by the… Read more »

Family Law Impacts of the Same-Sex Marriage in Minnesota

The legalization of same sex marriage in Minnesota has been a hot topic around the state and on this blog over the past few days.  We’ve talked about the celebration surrounding the passage of the bill, and we’ve looked at a history of gay marriage in the United States.  Today, we’ll explore the legal impacts… Read more »

A History of Same-Sex Marriage in the United States

May 14th, 2013 will forever be remembered as the day Minnesota became just the 12th state to legalize same-sex marriage.  Although the law won’t go into effect until August 1, the bill’s passage means many new changes are on the horizon for gay couples.  In recognition of the bill, we decided to make a timeline… Read more »

Minnesota Will Legalize Gay Marriage Tuesday

Minnesota will become just the 12th state in the nation to allow same-sex marriages when Governor Mark Dayton signs the bill Tuesday. Supporters of the bill gathered at the capital Monday to celebrate the vote making its way through the Senate, and they once again lined the steps on Tuesday to commemorate the expected signing… Read more »