When petitioning for a divorce in Minnesota, the requesting party must assert under oath that there has been an “irretrievable breakdown of the marriage.” That is to say, the marriage cannot be saved. There is no need for both spouses to make this assertion; the law requires only one spouse’s claim that the marriage cannot… Read more »
Posts Categorized: General Family Law
The point of going to see a documentary at a movie theatre is to blend entertainment with getting some insight into the documentary’s topic, right? Divorce Corp. is neither entertaining nor insightful. But it probably is not surprising to hear me express that point of view, since Divorce Corp. is meant to be an exposé of the… Read more »
As an attorney, I have been involved in countless parenting disputes, mediations and evaluations in which the issue of a child’s preference is considered, or ruled out, as a factor. The Minnesota custody statute sets forth the child’s preference as a factor to be considered, “if the court deems the child to be of sufficient… Read more »
Domestic violence causes the end of many marriages. When the breaking point comes, it often involves a restraining order. In many cases, the breakup is triggered by an incident in which someone calls 911. But in some cases, especially when minor children are involved, it is preferable to avoid a restraining order and/or a 911… Read more »
By a 5-4 decision, the U.S. Supreme Court has struck down the Defense of Marriage Act (DOMA). Justice Anthony Kennedy issued the opinion, and was joined by Justices Breyer, Ginsburg, Kagan and Sotomayor. The Court also declined (in a 5-4 decision) to address a federal court’s reversal of Proposition 8 in California, which clears the… Read more »
Yesterday, May 13, 2013 the Minnesota Senate approved the bill to legalize same sex marriage in Minnesota. It is expected to be signed by Governor Dayton today, May 14, 2013.
The bill to legalize same sex marriage in Minnesota has passed the Minnesota House. The Minnesota Senate is expected to take the legislation up on its floor on Monday.
How quickly things change. Not too long ago, Minnesotans were asked to vote on a state constitutional amendment to ban gay marriage. That measure was defeated last November by popular vote. Now, the Minnesota legislature is taking up a bill to legalize same sex marriage, and it appears that the bill will reach the House… Read more »
If you are awarded a motor vehicle in a divorce, be sure to take care of the title. If the title to the vehicle is solely in your name, you do not need to take further action. If the title to the vehicle is in the other party’s name, the title must be transferred. You… Read more »
Times are tough. Many families and individuals have struggled the past few years because home values have dropped and jobs are difficult to come by. Financial problems add to or are the cause of marital discord. Not surprisingly, when couples decide to divorce, many find the idea of hiring an attorney distasteful, if for… Read more »