Posts Categorized: Divorce

Pension Money: Property or Income, not Both

Posted by & filed under Divorce.

When someone getting divorced has a retirement benefit or retirement income, their spouse may want to receive part of it as alimony. However, at the time of the divorce, the value of the pension interest is typically divided between the parties as part of the property settlement in the divorce. So an issue may arise… Read more »

When One Attorney is Involved in a Divorce

Posted by & filed under Divorce, General Family Law.

In Minnesota and most other states, one attorney cannot represent both parties in a family court proceeding. (Do not be misled by the movie Juno!) Yet it is common for divorces to happen with only one attorney involved. When one attorney is involved, that attorney represents one of the parties; the other party waives counsel…. Read more »

Serving the Petition Starts the Divorce

Posted by & filed under Divorce.

When someone wants to start a divorce proceeding, they need to formally serve process upon the other party. The divorce proceeding does not start because the couple has separated or because a court file has been opened. When the responding party receives the divorce petition from the initiating party, the divorce is officially pending. Formal… Read more »

Home Alone 2: I Want the House

Posted by & filed under Divorce.

When a wife and husband no longer want to be married, it can be assumed that they no longer want to live together. However, the economic reality is that maintaining two households is substantially more burdensome than maintaining one. In many instances, separated couples remain living together, against the will of one of the parties…. Read more »

Child Custody Neutrals

Posted by & filed under Custody, Divorce, General Family Law, Guardian ad litem, Parenting Time, Parenting time expeditor.

If divorcing or separating parents disagree about child custody or parenting arrangements, it is likely necessary for a neutral professional to be involved in resolving the dispute.  The most common neutral professionals are custody evaluators, guardians ad litem, parenting time expeditors, custody mediators and parenting consultants.  Custody evaluators investigate the facts and circumstances surrounding the… Read more »

The Status Quo

Posted by & filed under Custody, Divorce, General Family Law, Parenting Time.

In many instances when facing a dispute during a divorce or custody case, it is important to be mindful of the existing circumstances: where the child is living; who is in possession of the house; whether both spouses are working outside the home.   It is important because, all other things being equal, the court is… Read more »

Removing a Judge

Posted by & filed under Divorce, General Family Law.

In a Minnesota family law case, each party has one opportunity to remove the assigned judge without having to provide a reason.  The case is then assigned to a different judge.  The removal must be made within ten days, and must be made before the judge takes any substantive action on the case.  If someone… Read more »

What is a Temporary Order?

Posted by & filed under Divorce.

When the court issues a divorce decree, the order provides for final relief as to child custody, financial support and property issues.  However, in many cases, it is necessary for the court to make provisions in the interim, while the divorce is pending.    For example, if a divorce begins in March and the final… Read more »

Parenting Time Expeditor

Posted by & filed under Custody, Divorce, Parenting time expeditor.

A parenting time expeditor is a neutral third party who is brought on board after a custody arrangement or parenting plan is in place to assist parents with the parenting schedule. The family court appoints the parenting time expeditor, but in many cases, the court’s appointment is a result of the agreement of the parents…. Read more »

Family Law Prologue

Posted by & filed under Child support, Custody, Divorce.

Greetings from St. Paul, Minnesota. Having returned to my office after a week away, this is my opportunity not only to dive back into working on divorce and family law cases, but also to dive into the world of blogging. As a family law attorney, I spend a great deal of my time answering people’s… Read more »