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Blog: Divorce

When Can a Child Choose?

  • December 5, 2023
  • Tim Simonson
  • Child Custody,  Children,  Divorce

I often get asked by divorced or separated parents, at what age their child can decide which parent they live with. It’s a fair question; but one which unfortunately has…

Fraud: Anathematic to an Otherwise Enforceable Divorce Agreement

  • November 14, 2023
  • Tim Simonson
  • Divorce,  Minnesota

Divorces are frequently resolved by agreement, rather than litigation. Courts have long favored settlement of disputes without litigation. Hentschel v. Smith, 153 N.W.2d 199, 204 (Minn. 1967). In family court,…

“Words Speak Louder than Action”: Child Support & Parenting Time in Minnesota

  • January 1, 2023
  • Tim Simonson
  • Child Support,  Divorce,  Minnesota

I was reviewing a recent Minnesota Court of Appeals decision, Nelson v. Nelson (A22-0077) and, came to the conclusion that the old adage “actions speak louder than words” rings true…

Upward Deviations: Making a Parent Pay More Than Guidelines Child Support

  • September 6, 2022
  • Tim Simonson
  • Child Support,  Children,  Courts,  Divorce

Minnesota child support obligations are determined using guidelines established by the legislature. These guidelines (called the ‘Child Support Guidelines’) provide a presumed support amount for courts to use when making…

What About My Efforts?: Marital and Non-Marital Property Interest in a Divorce

  • August 24, 2022
  • Tim Simonson
  • Divorce,  Home,  House

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…

When Alleging the Conduct is Worse than the Conduct Alleged.

  • August 17, 2022
  • Tim Simonson
  • Child Custody,  Children,  Divorce,  Minnesota

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…

Bad Faith Conduct: Don’t Risk The Court Flexing Its Muscles!

  • June 21, 2022
  • Tim Simonson
  • Children,  Courts,  Divorce,  Family Court

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:…

Poor Conduct in a Divorce: Don’t be “Hoisted by Your Own Petard”

  • January 10, 2022
  • Tim Simonson
  • Divorce,  Minnesota,  Uncategorised

“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…

Tens Don’t Marry Twos

  • May 17, 2021
  • Marc Beyer
  • Communication,  Courts,  Divorce

I clerked for a District Court Judge my first job out of law school. Prior to court hearings, the Judge regularly brought the lawyers back into his chambers to privately…

Who Decides Where the Kids Go to School?

  • March 5, 2021
  • Marc Beyer
  • Child Custody,  Children,  Divorce

Following a divorce (or custody cases where the parties were never married) parents often disagree about where their children should go to school.  In most cases, one parent simply wants…

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The area of family law is an emotional one for the clients, which is why it is imperative to set realistic expectations for clients. We look at what is happening, listen to client goals, and we can tell them what may come of the case. This allows our clients to go into the matter fully educated and more confident.

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