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…
A Lesson from Child Support Court: “Pull No Punches”
Minnesota Child Support Law mandates that child support is determined primarily by the parents’ incomes. Because income is so important to a court when figuring out a child support obligation,…
Credibility is King
When a divorce case goes to a trial, one of the more basic functions of the Court is to make “findings of fact.” Both parties will testify, and there is…
Tough Love
As the party to a divorce case, you see the world through a different lens than I do. Your perspective is necessarily clouded by emotion and the daily grind of…
RE-OPENING A SPOUSAL MAINTENANCE AWARD – NO SLAM DUNK
The Court of Appeals recently reminded us that alimony (or spousal maintenance as it is called by statute) is still very much alive and well in Family Court. After a…
To File or Not to File?
In Minnesota, a divorce case commences when the Petitioner serves the Summons and Petition for Marital Dissolution (and usually some other documents, too) upon the Respondent. The law requires that…
Grandparent Visitation: Getting Your Foot in the Door
There are some laws on the books that although neutral on their face, can have different results when applied to different situations. Personally, I question whether the legislature truly intended…
Divorce Settlements: Your Terms versus the Judge’s Terms
Clients will sometimes ask me whether the Court would “allow” a certain settlement proposal. My response is almost always that so long as both parties agree to the terms, you…
Divorce and Personal Property
One thing that is accomplished by a divorce is a “just and equitable division” of the marital estate. Your marital estate can consist of real estate, a business, retirement accounts,…
Divorce is not a Game
A divorce is just like any other lawsuit. There’s a Plaintiff, a Defendant, and a presiding Judge (except that we call them Petitioners and Respondents in a divorce – not…