In the state of Minnesota, child support is determined based on both parents’ income and the amount of parenting time each parent is awarded. Custody labels such as “joint physical custody” or “sole physical custody” do not carry the weight that they once did. If the court is looking to determine the ...
When parents have decided to get a divorce but nothing has been done in court yet, they may not agree on what parenting time schedule should be used or who should stay in the home until all is said and done. Other parties are able to agree temporarily on those issues, ...
If either party to a marriage or other family law matter is an active service member, there are protections in place that may prohibit the action from going forward without them. This protection is under the Servicemembers’ Civil Relief Act of 2003 (formerly known as Soldiers’ and Sailors’ Civil Relief ...
Trials in Minnesota divorce cases are very rare. In practice, probably 99% of cases settle either prior to any court involvement or during court. This is done by the parties agreeing to the issues, generally with the help of a neutral third party (a mediator) or just the parties’ attorneys negotiating a settlement ...
In the state of Minnesota, religion is considered an issue dealt with through legal custody. If the parents can agree on the bigger issues in a child’s life, such as religion or where the child will attend school, the court will often grant joint legal custody and allow the parents to ...
Spousal maintenance, formerly known as “alimony”, is not as common as is often believed. The typical spousal maintenance case involves a long-term marriage where one spouse did not work outside of the home, but rather stayed home and cared for the children or the household. They either have no higher education ...
Sometimes when parties are nearing the point of divorce or a custody battle, there is an incident of domestic abuse that occurs between the parties. If the domestic abuse extends to the children, where they either witnessed or were part of the abusive event, the court may restrict parenting time or ...
The divorce process is very emotional and sometimes the parties have mixed feelings going through it. The parties may not be in agreement to go forward with the divorce. So what happens if during the divorce process, after filing, the parties decide to give the relationship another try? Inactive Status ...
Almost always in a divorce, one party is in a better financial position than the other. This could be due to one being a stay-at-home parent or homemaker, one party having more education than the other and higher earning capacity, or one party having a more lucrative career than the ...
Often during the course of a divorce or custody dispute, one parent wants to move out-of-state with the child. Minnesota law requires the parent to either get the consent of the other parent or to get the court’s permission. However, if the decision is up to the judge, it is very difficult ...
