Posts Categorized: General Family Law

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 »

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 »

Good Guys Finish First

Posted by & filed under General Family Law.

One of the most difficult things to encounter in family court is an opposing party who is willing to lie. When my client is reeling about the other party’s dishonesty in court, and expressing the sincere desire to “fight fire with fire,” I often sound like my mother did when I was a kid: “Two… Read more »

Grandparent Visitation

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

Generally, a grandparent’s right to see their minor grandchild is derivative of the child’s parent’s right to parenting time.  That is, the maternal grandparents have access to the child during the mother’s parenting time, and the paternal grandparents have access to the child during the father’s parenting time.  In most cases, grandparents do not have… Read more »

Selling the House in a Bad Market

Posted by & filed under Divorce, General Family Law.

One of the dilemmas that divorcing couples are currently faced with in this rough economy is how to deal with the marital homestead. In a depressed real estate market, it is not an optimum time to sell the house.  But selling the house is a necessity for many couples in which neither spouse can afford… Read more »

Moving Out of State With Minor Children

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

One important change in Minnesota law in recent years pertains to changing the state of residence of minor children.  Previously, Minnesota was one of a minority of U.S. states to allow a custodial parent to move with a child to another state unless the non-moving parent proved that the move was contrary to the child’s… Read more »

Why Mediation Is a Good Idea

Posted by & filed under Divorce, General Family Law.

Family law mediation is a forum in which a neutral party (the mediator) meets with parties to help facilitate a settlement of the disputed issues or, in the alternative, to rule out settlement exhaustively, and help the parties reach an impasse.  The mediator has no authority to make a decision or impose something upon one… Read more »

Financial Attrition

Posted by & filed under General Family Law.

The goal of family courts is to render court orders (or approve parties' stipulations) that address a child's best interests (regarding custody and parenting time) or a fair and equitable settlement (regarding property and finances).  In the process of a family law dispute, one would like to think that both sides have a solid basis… Read more »