As I say in every post, the law changes from state-to-state and you should check with a Minnesota child custody lawyer in your area for further information about motions to modify child custody and parenting time. With that out of the way, I am going to try and discuss some general truisms that apply in most…
Although the varies from state-to-state and you should talk with a good family law attorney in your area, there are some basic similarities between the laws of many states when determining where the initial divorce action must be filed. Determining where to file a divorce (or any legal proceeding) is based on the county and…
Marital property is defined by most states’ laws as meaning property, either real or personal, that is acquired by the husband and wife at any time during the existence of the marriage relationship. Simple enough, right? All property acquired subsequent to the marriage, and before the date of valuation, is presumed to be marital property – regardless of…
Believe it or not, lawyers don’t always do the best job presenting evidence at trials and hearings. Don’t mistake me – I’m not saying that these lawyers are bad lawyers, instead, I am suggesting that the proper presentation of evidence is often difficult and many lawyers don’t always do it right. What is one possible underlying…
As I state in all of my posts, the answer to the title of this post depends on where you live, and you should speak with a licensed family law lawyer in your area for further questions on this issue. I have litigated many post-dissolution motions brought by my own clients and I have defended…
In a humorous decision by the Minnesota Court of Appeals, the court has upheld a district court’s decision that a person cannot bring a harassment lawsuit against his uncle for posting childhood pictures of the nephew on Facebook. According to the appelate court, the claim did not rise to the level of constituting harrasment as defined by…
In the bad idea department, Republican Senators in Minnesota seek to create a two-year waiting period in Minnesota for divorces. Let me start by stating that, in my humble estimation as a practicing Minnesota divorce lawyer, this bill is a really, really bad idea. The sole benefit of a bill like this will be to make…
According to the Minnesota State Court of Appeals, in the case of In the Matter of the Welfare of the Child of: E. A. C., Parent., A11-1562, Minn. Ct. App. (2012), a district court judge in the State of Minnesota must apply all subsections of 25 U.S.C. § 1912 (2006) when determining whether reuniting a…
