Spousal maintenance is almost always a contested issue in a Dakota County divorce. Minnesota law does not set out a statutory formula for spousal maintenance awards. Therefore, it is often left to divorce attorneys to fight out the exact terms. Under Minnesota law, spousal maintenance is a money award made pursuant to a divorce or…
In Dakota County MN, the courts are now requiring that couples wanting a Dakota County divorce to go through an early neutral evaluation process. The program is aimed at lessening the burden on the court docket while simultaneously connecting divorcing couples, lawyers, judges, and neutrals early in the divorce process. In this way, the courts…
The Minnesota Court of Appeals issued an interested case of first impression. In accordance with the 2007 child support amendment, the Minnesota Court of Appeals, in the case of Marriage of Haefele, held that distributions from a Subchapter S corporation to a shareholder, which are to be transferred by the shareholder to another business entity, are…
Under the current Minnesota law, two parties are allowed to file a joint petition for divorce in Minnesota. Furthermore, it is possible for an attorney to represent both parties in a joint-divorce. However, lawyers know that much cuation should be taken on the part of the lawyer. This is because of the inherent conflict of…
The Minnesota House of Representatives has passed HF322 – a bill that provides for a presumption of joint physical custody in Minnesota. The bill is opposed by the Minnesota State Bar Association’s Family Law Section. According to the bill, the presumption of joint physical custody could be overcome by a showing of mistreatment of a…
There was a very interesting article published by Rueters related to the possiblity of receiving a tax break on underwater homes. All family law lawyers in Minnesota should be interested in this article. Family law attorneys are often faced with dividing the home as a marital asset. However, it is more common in this economy that lawyers are…
The Minnesota Supreme Court has amended the Minnesota Parent Education Minimum Standards. Click on the link to access the new standards and court order signed by Chief Justice Lorie S. Gildea. Pursuant to Minnesota Statutes 518.157 subd. 2, the Minnesota legislature requested that the Supreme Court “promulgate minimum standards for the implementation and administration of…
In Minnesota, the law requires all divorce couples to file their legal paperwork in the same fashion. It doesn’t matter if you are a lawyer or not. Everybody files the same paperwork, pays the same fees, and follows the same rules. It’s just that lawyers know this and others don’t. According to Minnesota Statute 518.005,…
