PURSUING ‘DE FACTO’ CUSTODY IN MINNESOTA: A CASE ANALYSIS
Pursuing custody a child who isn’t yours, seems like a tall order; but when you consider the facts of a recent Minnesota case that was upheld on appeal, it’s apparent…
The Significance of Sole Physical Custody (or lack thereof)
In any Divorce Decree with minor children, there will be a designation of physical custody. Either Mom or Dad will be granted “sole physical custody” or both parties will be…
Divorce Decrees: How “Creative” Should They Be?
In some ways, going through the divorce process can be like closing on a home. Many different forms and documents are prepared that you are asked to sign. It can…
ENFORCING SPOUSAL MAINTENANCE AND CHILD SUPPORT FROM ANOTHER STATE
Minnesota courts recognize that not all Minnesota divorced residents became divorced by a Minnesota court. Many people who move to this State, became divorced by the courts of another State,…
Watch Tim Simonson Speak To Kare 11 News About Privacy Rights in Divorce Matters
Recently, the divorce file of a high profile public servant, Representative Keith Ellison, brought to attention the issue of divorce files in family court. The question raised was whether a…
The Judge Knows All – Or Do They?
Every Judge was first a lawyer. In many cases, they are former litigators (meaning they regularly appeared in Court) although not always. But even as litigators, they probably focused their…
Al Pacino & Spousal Maintenance in a Minnesota Divorce
What does a Court need to consider when figuring out whether to award spousal maintenance (formerly known as ‘alimony’) in a Minnesota divorce? And what information should you bring up…
Custody Modification: What do you have to Prove?
In contested child custody cases, the Court determines the issue of custody and parenting time based upon what is in the “best interests of the child.” This is not an…
THE NEW CHILD SUPPORT LAW; FROM “CLIFFS” TO “BUCKETS”
Beginning August 1st, a change to the Minnesota child support law takes effect which should come to the relief of many parents who are paying too much child support under…
Why Aren’t Pre-nups Always Enforced?
Minnesota law allows couples, before marriage, to enter in to a contract promising to leave each other’s stuff alone in the event of a divorce. This contact, dubbed an ‘anternuptial…