Minnesota Statute Section 518A.38 has a new subdivision; one pertaining to income tax dependency exemptions. “Income tax dependency exemptions. (a) The court may allocate income tax dependency exemptions for a child and require a party who has the child in the party’s physical custody for more than one-half of the calendar year to provide a… Read more »
Posts Categorized: General Family Law
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 »
When a marriage dissolution case is first filed with the court, most metro area Minnesota courts schedule the case for an Initial Case Management Conference (ICMC). This is a non-contested, non-litigious step in the process that gives the parties an opportunity to meet with a family court judge or referee – in most cases, the… Read more »
When someone (or some couple) is getting divorced, and has no disputes, the case often is suited for being drafted up by a paralegal service. Divorce paralegal services tend to be low-cost, but are able to complete the divorce paperwork in a professional manner, so it appears to be a good combination. The problem is,… Read more »
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.