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Heimerl & Lammers News

Family-Court
10
Dec

Does Starting the Family Court Process Mean You Have to Go to Trial?

Many people dealing with family law matters have a lot of questions about the process. Here’s a question we hear a lot from our clients: “If we start the court process does that mean we will have to go to trial?” That’s our topic for today’s article. Starting the Court Process The short answer is...
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Child Support Calculator
04
Dec

How to Determine Child Support Using the Minnesota Child Support Calculator

The state of Minnesota offers a free online child support calculator. In this article, we are going to offer some tips for using the calculator. Steps to Use the Child Support Calculator (1)    Enter Basic Information.  The Minnesota Child Support Guidelines allow you to enter each parent’s name.  “Parent A” is the parent without primary...
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Parenting Plan
26
Nov

Third Party Custody & the Natural Parent Presumption

Under the United States Constitution, one has fundamental rights as a parent to raise their children as they see fit. Courts have included in these parental rights the right to exclude others from having contact with their child. Basically a parent can tell a grandparent that the grandparent can have no contact with their grandchild. See Troxel v. Granville. In...
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Divorce Mediation
20
Nov

What’s the Difference Between Mediation & an Early Neutral Evaluation?

While there are many similarities between mediation and the Early Neutral Evaluation process, there are also a few key differences. Here is a comparison:   Mediation Early Neutral Evaluation   When does this occur? At any time. Early on in the court process.   How long does it occur?   Usually approximately three hours. Usually...
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Child Support Payments
13
Nov

Child Support – When Does it End?

Our clients often ask a lot of questions about child support. One of the most common questions is – “when does child support end?” Does child support automatically terminate when one child emancipates? Definition of a “Child” A “child” is defined as “an individual under 18 years of age, an individual under age 20 who...
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Parenting Consultant
06
Nov

The Pros & Cons of Appointing a Parenting Consultant

Everyone has differing opinions about parenting consultants. Even family law attorneys have differing opinions on this topic! In this article, we are going to discuss some of the pros and cons of appointing a parenting consultant in your family law case. What You Need to Know About Parenting Consultants To help you decide whether it...
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Legal Custody
30
Oct

Legal Custody vs. Physical Custody in Minnesota

In Minnesota when a dissolution proceeding involves minor children, the parties or the court must decide issues such as custody, parenting time, and child support.  There are two types of custody “labels” in Minnesota: legal custody and physical custody.  When determining custody in Minnesota, the courts will apply the “best interest factors” as defined under...
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Child Custody Out of State
22
Oct

Minnesota Divorce and Out of State Moves

Whether a parent can move out of state with a minor child is determined by Minnesota Statute §518.175 subdivision 3. Without consent from the other parent, it is very difficult for a party to move out of the state with the child.  If the purpose of the move is to thwart the relationship between the...
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Legal Separation Divorce
15
Oct

The Pros & Cons of Legal Separation vs. Divorce in Minnesota

Legal separation is essentially the same as divorce, and costs the same. The only real difference is, with a legal separation, you are still legally married. In a legal separation, the parties involved divide assets, debts, property, determine child custody, child support, and alimony. Legal separation is often confused with a separation. In a separation, the parties live separate...
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