A YEAR OF LIVING WITH THE ‘COHABITATION’ PROVISION IN SPOUSAL MAINTENANCE LAW
It’s been more than a year since new law went into effect, allowing a court to determine whether maintenance can be modified based on a recipient’s cohabitation with another adult…
It’s Just Discovery
A very common and routine part of any court case – including divorces – is what we call discovery. After the case is started, both sides have the opportunity to…
The Price of Freedom
During the divorce negotiation process, it is easy to become entrenched in a certain position. Say, for example, that your spouse is seeking spousal maintenance. You make a greater income…
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…
Dividing Military Benefits in a Divorce – When State & Federal Law Conflicts
It’s not often that the United State Supreme Court makes a decision that affects how divorces are handled in Minnesota Family Courts. But, when it comes to a veteran’s retirement…
Can My Spouse Secretly Get Rid of Our Things During Our Divorce?
Unless your spouse is selling things off in order to pay for food, clothing, shelter; or, routinely sells things that you own in order make a living, the answer is…
Inconvenient Forum
I recently blogged about the 180 Day Rule and how you (or your spouse) must live in Minnesota for 180 days before you can file for divorce here. But, what…
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…
The 180 Day Rule and Jurisdiction
Almost every state has a requirement that you must live in that state for a certain amount of time before you can file for a divorce there. Minnesota is no…
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…