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What About My Efforts?: Marital and Non-Marital Property Interest in a Divorce
In a Minnesota divorce, property acquired by either spouse during marriage is presumed marital (joint property) that a court awards equitably to each spouse. The burden of proving that property…
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When Alleging the Conduct is Worse than the Conduct Alleged.
Like the boy that cried wolf, losing credibility can be a parent’s undoing in a child custody dispute. For example, calling the cops on mother for serving your child mac…
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Bad Faith Conduct: Don’t Risk The Court Flexing Its Muscles!
Be careful when thinking of defying a mediated settlement agreement in Family Court. Courts will use their inherent authority to impose sanctions as needed to protect their vital functions of:…
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PreNuptial Agreements – Choose Your Words Wisely!
Minnesota law allows spouses-to-be to enter into enforceable agreements which can dictate the terms of a property division in the event of a divorce. These agreements, called prenuptial agreements or…
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Retroactive Child Support – How Far Back in Time Can The Court Go?
When parents are involved in a divorce proceeding, Minnesota law requires that the court consider the child’s financial support, and the parents’ obligations to contribute to that support.Part of that…
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Obtaining an Order for Protection in Minnesota: the Importance of Legal Counsel
Recently, the Court of Appeals was asked by a Father to overturn an Order for Protection, which the child’s Mother obtained against him, on behalf of the parties’ child. In…
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What Can Cher Tell Us About an Order for Protection?
In 1989, the immortal chanteuse, Cher, recorded the song ‘If I Could Turn Back Time’, along with a music video performed atop the cannon of a Navy Destroyer, wearing basically…
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Parents’ & Grandparents’ Rights; Fundamental and Protected
In Minnesota, and the United States, parents have a fundamental and protected right to make decisions about their children’s care and custody. This right is recognized by the United States…
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Poor Conduct in a Divorce: Don’t be “Hoisted by Your Own Petard”
“Hoist with his own petard” is a phrase from Shakespeare’s Hamlet, referring to a bomb maker being harmed by his own creation. Though Minnesota divorces are not intended to end…
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Why Words Matter
Words, and their interpretation, can be the heart of any misunderstanding, and misunderstanding can be the heart of any legal dispute; sometimes with drastic consequences. When looking at words in…