Often, people who know a divorce is coming ask me whether they should file first, or whether they should let their spouse file first. My answer is "It depends." If the divorce is non-contested, if you and your spouse get along well and you know with certainty that you will reach an amicable, peaceful agreement [...]
The issue of child custody and parenting time can be contentious in divorce proceedings. I always advise people that it is best to resolve disagreements about child custody and parenting time amicably. This can happen in discussions between the parties, but more likely it will happen in negotiations between the attorneys or in mediation. If [...]
As followers of this blog know, I believe that the biggest challenge currently facing the family court system in Minnesota is lack of adequate funding. I think it is important that everyone communicate to their legislators how important it is that Minnesota courts be adequately funded. Lack of adequate funding results not only in fewer [...]
For those of you who have been following the blog, I am writing about the various steps in the divorce process in Minnesota. So far, I have talked about service of the Summons and Petition (by the Petitioner) and service of the Answer (by the Respondent). Typically, each party files his or her pleading with [...]
Divorce is a difficult process. It is jarring. It is emotional. Aside from the death of a loved one, divorce is probably one of the more miserable experiences a person will have. People going through a divorce have anxieties about the future. They have concerns about how divorce will impact their children. They have worries [...]
This may be hard to believe, but when you are involved in the practice of family law for any period of time, you will run into your share of jerks. Often, these are opposing counsel -- men and women -- who believe that the best way to accomplish something is to be either insulting or [...]
Early Neutral Evaluations occur mostly in Hennepin County, Minnesota. Many people do not know that the procedure for getting divorced in Minnesota varies from county to county. In Minnesota, the court system is organized into "districts." There are 10 judicial districts in Minnesota. Some judicial districts are comprised of several individual county courts. Other judicial districts are [...]
In Minnesota, a divorce Summons contains a formal notice that the person being served with the Summons and Petition has thirty (30) days in which to serve an Answer. What happens if you do not serve an Answer? The answer is simple: you lose. An "Answer" is a formal pleading that is similar to the [...]
Minnesota is a "no fault" divorce state. To the best of my knowledge, most, if not all states in the United States are no fault divorce states. What this means is that in a Minnesota divorce proceeding, one does not have to prove that the other spouse is at fault before a divorce can be granted. [...]
People frequently ask me how the Minnesota child support laws work. There is a new Minnesota child support law, because the old law was modified significantly in 2007. Now, child support is calculated using the gross incomes of both parents. But, that's not the most significant change. The most significant change is that the amount of child [...]
Often it can take several months to complete the divorce process. If there are disputes about custody and parenting time, disputes about the value of assets, or disputes about how much alimony or spousal maintenance should be paid, it can take several months to resolve these. In the meantime, the parties need to continue living [...]
Do divorce attorneys use negotiating tricks? Yes. Not all of them, but a lot of them. After all, they went to law school, they are attorneys, and they want to get the best deal for their client in any (legal) way they can. Many attorneys who use "positional bargaining" tactics use various "tricks" to try [...]
An uncontested divorce is a divorce proceeding in which the parties agree on how to resolve all issues. Instead of having a trial before a judge, the parties sign a written agreement. In Minnesota, this agreement is called a "Marital Termination Agreement." Sometimes parties can reach an agreement right away. Sometimes parties may start out with [...]
