Posts Categorized: General Family Law

Contempt and Jail Time

Posted by & filed under Child support, General Family Law.

Obviously when one spouse or parent threatens to get the other spouse or parent sent to jail, things have gotten pretty ugly.  The family court judges do not get any special thrill sending a family court litigant to jail.  In fact, the family court system is set up to avoid jail time in most cases…. Read more »

Formal Discovery Versus Informal Discovery

Posted by & filed under General Family Law.

Discovery is the process of obtaining and providing information in the family court proceeding.  The formal process of discovery includes interrogatories; requests for production of documents; and depositions.  Interrogatories are questions or demands for information that must be answered in writing.  Requests for production of documents involve providing copies of documents such as bank statements,… 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 »

How Long Before the Court Order is Issued?

Posted by & filed under General Family Law.

When a family court judge or referee presides over a Minnesota family court hearing, he or she may let the parties and attorneys know the court’s decision at the close of the hearing.  More often, however, the court will make known its decision later, after taking the matter under advisement.  When the court takes a… Read more »

Settlement Versus Trial

Posted by & filed under General Family Law.

Why do some divorce and child custody cases settle out of court, and some cases have to go to trial?  There are many factors that determine whether a family law case will settle outside of court, the most important which involve the willingness of the parties to compromise, and the willingness of the attorneys for… Read more »