Divorce Proceedings, the Death of a Spouse, and Marital Assets
Divorce Proceedings, the Death of a Spouse, and Marital Assets In Nelson v. Nelson, A14-0200, (Minn. Ct. App. Oct. 6, 2014), the Minnesota Court of Appeals held that Minn. Stat. 518.58, subdivision 1a,...
View ArticleRelocation of 6 Year Old Child Out of State Permitted and Child’s Preference...
In S.M.K.v.D.M.K.,A14-1070(Minn..App.March 2 2015) the court appeals affirmed a trial court decision permitting a mother to move and relocate the parties’ six year old child to Florida. The Court...
View ArticleNew Minnesota Family Law Case – Rauworth v. Rauworth
In Rauworth v. Rauworth, A13-2104 (Minn. Ct. App. Feb. 2, 2015), the Minnesota Court of Appeals issued significant rulings on (1) post-trial motions; (2) permanent maintenance; and (3) attorneys’ fees....
View ArticleFinding of Parental Alienation Leads Court to Modify Award of Custody
In Busch v. Christian, A14-0687 (Minn. Ct. App. Mar. 9, 2015), the Minnesota Court of Appeal upheld a decision of the trial court modifying a custody order to award sole legal and physical custody to a...
View ArticleThe Divorce Process
Going through a divorce is a difficult, emotional time in most people’s lives. It also can be very expensive if you end up in protracted litigation,a trial,and an appeal. In the last five years the...
View ArticleHow to Help Your Children When You Separate or Divorce
For people who are childless, divorce is relatively straightforward; once they are divorced, they never have to see each other again. But when people have children, they are bound together for life in...
View ArticleMinnesota Will Only Recognize a Foreign Marriage if the Marriage Was Valid...
The Minnesota Court of Appeals recently reversed a district court decision that had recognized a “cultural marriage ceremony” performed in Thailand because there was no evidence that the marriage was...
View ArticleNEW MINNESOTA FAMILY LAW CASE – ORDER FOR PROTECTION UPHELD
In Arnold v. Arnold, A14-1097 (Minn. Ct. App. Apr. 27, 2015), the Court of Appeals upheld an order for protection (OFP) although the husband argued that the wife was not presently being harmed, finding...
View ArticleFamily Law – Interpreting Antenuptial Agreements in Minnesota
The Minnesota Court of Appeals recently addressed antenuptial agreements in Peterson v. Deeb, A13-2259 (Apr. 27, 2015). As opposed to the more well-known “prenuptial agreement,” antenuptial agreements...
View ArticleCourt-Ordered Grandparent Visitation Upheld in Minnesota
The Minnesota Court of Appeals recently upheld an order awarding generous visitation to grandparents in A.B. v. Verzhbitskaya, A14-1656, (Minn. Ct. App. June 15, 2015). The Court held that a...
View ArticleNew Custody Law Factors Starting August 1, 2015
After years of debate Minnesota has substantially revised the “best interest factors” to determine Custody under Minnesota Statute 518.17, effective August 1, 2015. There have been meetings and...
View ArticleDenial of Spousal Maintenance Not Abuse of Discretion In Considering...
In Curtis v. Curtis, A14-1841, (Minn. Ct. App. June 22, 2015) the Minnesota Court of Appeals affirmed a trial court decision to deny a wife’ request for spousal maintenance, based on imputed income...
View ArticleCourts Cannot Retroactively Modify Child Support For Receipt Of Social...
In, In Re The Matter of Dakota County vs .Gillespie, A13-1240, (Minn. July 22, 2015) the Minnesota Supreme Court addressed, a Child Support Magistrate, District Court and Court of Appeals decisions...
View ArticleAnti-Palimony Statute Does Not Bar Claim For One-Half Interest In Property...
In Lendzyk vs.Wrazidlo, A14-1331 (Minn. App .July 13, 2015) the Minnesota Court of Appeals interpreted the Minnesota Anti-Palimony statute in an appeal involving a couple who were dating and commingled...
View ArticleCourt Reverses Trial Court Permanent Spousal Maintenance Award And Directs...
In Spolum v. D’Amato, A14-1335, A14-1720 (Minn. App. August 17, 2015) the Court of Appeals reversed a Ramsey County trial court decision awarding Permanent Spousal Maintenance and remanded to the...
View ArticleAttorneys Fees in Family Law
In a divorce or family law matter it is important to factor in the cost of attorney fees and Court costs in an action when deciding how you wish to proceed. It is foolhardy to not seek legal advice in...
View ArticleMoving On After A Marriage Ends
Clinical Psychologist, Kristin Davis, has recently published a thoughtful article in the Huffington Divorce section on February 1, 2016 suggesting 5 ways to move on after a relationship ends, which is...
View ArticlePreparing For Divorce
The Divorce Process has been made more civil and informal with numerous recent rule and law changes to require or strongly encourage mediation or other alternative dispute resolution and to limit...
View ArticleSignificant Other’s Can Impact Custody Decisions
In an unpublished opinion in Newman vs. Newman, A15-0561 (Minn.Ct. App. Dec.21, 2015) the court of appeals reviewed an appeal from a divorce involving a 16 year marriage involving three minor children...
View ArticleGray Divorces Are Increasing!
A recent development is that in the last several years I have represented many individuals in their fifties and even sixties who are commencing divorces after many years of marriage. Twenty years ago I...
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