There’s been a push by legislatures across the country in recent months to level the playing field between divorcing parents; an attempt to improve the odds that interested parents receive fair treatment with regard to division of custodial time. Research and parenting experts are confirming what people have known anecdotally for years: that joint custody…
Perhaps not surprisingly, one of the questions on most people’s minds when they meet with a lawyer is: “how long the probate administration take and when will I be able to receive the assets of the estate?” Of course, before I can answer that question as a probate lawyer, I counsel clients that the first things that need…
If you’re considering moving forward with a Minnesota divorce, you likely have lots of questions about how things will work and what the process might entail. Though it can be overwhelming, it might be helpful to start at the beginning: how to serve divorce papers. To find out more about how service of process works…
If you have children and are preparing for a Minnesota divorce, you’ve likely wondered about child support at one point or another. The issue of child support can be confusing, especially for those who have never gone through the process before. Worries about custody fights and stress over money can make the ordeal that much…
This post will discuss jurisdiction issues in Minnesota family law. In Minnesota, like many other states, there is a law called the Uniform Child Custody Jurisdiction Act (UCCJEA). The UCCJEA and Jurisdiction in Minnesota The UCCJEA is a federal law that has been, almost uniformly, adopted by every state in the United States. The law governs what…
How do courts decide child custody in a Minnesota divorce? The standard for determining child custody in a Minnesota divorce is based on the “best interests” of the child standard. Minnesota child custody law | the “best interest” standard The law in Minnesota provides that the “best interest of the child” standard is many factored and no…
I have many conversations with clients about how marital retirement assets are valued and divided. The law, for all intents and purposes, divides marital retirement assets at the date of marriage and then again at a valuation date during a Minnesota divorce action. The valuation date will not start until a petition for dissolution of marriage and a summons…
Although most people are not aware of it Minnesota law grants sole legal and physical custody to the mother of children who were born-out-of-wedlock. This means that fathers who have children with a woman they are not married to have inferior legal rights to their children because they are not married. This is often very difficult information for…
