Contempt: the Myth of “the Hammer”
Dave “the Hammer” Schultz is known to hockey fans as one of the NHL’s most feared and greatest enforcers in its storied history. Case in point; he hasn’t played an…
Dividing a Pension; Tools to Getting a Fair Outcome
A pension is often a principal asset of a marriage relationship. Over time, a spouse, or their employer, contributes to an employee pension plan for the benefit that spouse when…
I Pay Spousal Maintenance: Can I Retire?
In a different blog, I wrote on the topic of the duration of “transitional” (previously known as “temporary”) spousal maintenance. There is now a rebuttable presumption in the law that…
Spousal Maintenance: How Long Does It Last?
Following a divorce, in addition to dividing marital property with your spouse, you may also have to pay child support and/or spousal maintenance (i.e. alimony). But how long do these…
Spousal Maintenance and Standard of Living in Minnesota
Marc and I have been practicing law together for 10 years; and before that we practiced at different firms for many years. During our combined 40+ years of practicing law,…
All In The Family: the Importance of Exclusivity
Some of us are old enough to remember the Archie Bunker archetype, and the disdain for his in-law Mike ‘Meathead’ Stivic famously portrayed in the iconic All in the Family…
Karon Waivers & Fake News: Proceed With Caution!
Despite lacking clear definition, the term “fake news” now frequently appears in political discourse. Without objective, universally-accepted criteria, it can be hard for consumers to discern what the term “fake…
Grandparent Visitation Rights: Potential Hazards!
Minnesota law grants rights to grandparents to visit their grandchildren, if they can prove any of the following: The grandchild has a deceased parent The grandchild has lived with the…
When Can a Child Choose?
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
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,…