Posts By: Gerald Williams

Annulment in Minnesota

Posted by & filed under General Family Law.

If you want to terminate your marriage, you need a divorce.  If you want to nullify the marriage, you need an annulment. Under Minnesota law, a marriage can be annulled under the following circumstances: (a) One spouse lacked the mental capacity to consent to the marriage at the time of the wedding, unbeknown to the… Read more »

Joint Physical Custody is a Legislative Issue Again

Posted by & filed under Custody.

In recent years there have been multiple attempts to create a legal presumption in Minnesota that a child should be in the joint physical custody of the child’s separated or divorced parents.  This year, there is a bill that reflects a renewed effort to pass a “JPS law” in Minnesota. What needs to be realized… Read more »

Collaborative Law

Posted by & filed under General Family Law.

Collaborative law is the practice of proceeding with a marriage dissolution without going to court (other than submitting a written stipulation settling all issues in the divorce).  The parties contract with each other and their attorneys to refrain from using the court process to litigate or contest disputes.  If the parties and their attorneys sign… Read more »

Divorce is a Transition…Stay the Course

Posted by & filed under Divorce.

The process of divorce is often difficult.  The decision to get a divorce is often difficult. And once you’ve made the huge decision and begun the process, you are likely to want nothing more (and nothing less) than to be done with it. One of the difficulties about the hugeness of the decision to divorce… Read more »

Legal Separation

Posted by & filed under General Family Law.

In Minnesota, legal separations are not common, and are often confused with certain steps that are part of the divorce process. While not technically correct, the term is often used to describe a couple whose divorce is not yet complete, such as a husband and wife who no longer live together, or a couple who… Read more »

Why 50-50 Property Divisions Are Common, But Not Required

Posted by & filed under Divorce.

Minnesota law requires that the division of a marital estate to be “fair and equitable.”  The law does not require the division to be EQUAL.  But often equal is fair, and anything other than equal is not fair.  Here is why: if the parties reach an out-of-court settlement, they will negotiate the terms.  Both spouses… Read more »

Default Divorce

Posted by & filed under Divorce.

If you start the divorce process, your spouse has thirty days to respond to the petition.  What happens if the responding spouse does nothing during the thirty-day period?  Technically, the responding spouse is in default. That means that the responding spouse has forfeited the opportunity to participate in the divorce process. This situation may sound… Read more »

How Specific Should Your Parenting Plan Be?

Posted by & filed under Parenting Time.

When devising a parenting plan that will govern the parents of minor children regarding custody and parenting, some parents desire specificity, and others desire flexibility.  All parenting plans have a degree of specificity, and a degree of flexibility, so the issue here is whether you prefer relatively greater specificity or relatively greater flexibility. An example… Read more »