When parties reach a negotiation impasse, I often hear one party say “Let’s just go to trial and have the Judge decide that.” Unfortunately the parties don’t often realize just how long they will be waiting. After a trial the judge has up to 90 days (3 months!) to make the decision. But first you … [Read more...] about When is the trial?
Going to court can be a stressful experience for anyone, but it can be especially trying for people dealing with the emotionally charged issues of divorce and child custody. It may help reduce the stress if you’re aware of what you can expect from the different types of events held in the … [Read more...] about Family Court: What to Expect
After a divorce is final and the custody arrangements are made, a child may find himself unhappy and wish to move in with the noncustodial parent. Of course, the noncustodial parent may be sympathetic to the child’s wishes and move for a change in custody. However, there are several hurdles that the … [Read more...] about But My Child Wants To Live With Me
In a divorce, marital property is divided between the spouses. Marital property includes all things that have been accumulated during the marriage, including real estate, vehicles, savings accounts, and retirement assets. Retirement assets can often be overlooked. In order to reach an equitable … [Read more...] about Divorce and Retirement Assets
A frequent question I hear is “Will my spouse have to pay my attorney's fees?” My answer to this is “Don't count on it.” In Minnesota, attorney's fees can be awarded one of two ways: need-based or conduct-based. Need-based awarded mean that one party cannot afford the fees and that the other … [Read more...] about Will My Spouse Have to Pay My Lawyer’s Fees?
A divorce officially starts with the service of the Summons and Petition. The Summons is a very short document (2-3 pages) which notifies the other party (the Respondent) that a divorce lawsuit has been started. The Summons identifies any real estate owned by the party, provides notice of parent … [Read more...] about How a Minnesota Divorce Starts: The Process and the Approach
A common theme among many going through a divorce is the desire to have a “nice” divorce in the most cost-effective way possible. There are many different opinions on how to accomplish this. Today I will explain five options and give some pros/cons for each. I will start off with two general … [Read more...] about I just want a cheap and easy divorce!
In the divorce seminars I teach and in my initial consultations with clients, I often talk about the difference between the emotional divorce and the legal divorce. I am an attorney, it is my job to help with the legal divorce; to help my clients get through the court process and settle issues … [Read more...] about Understanding the difference between the emotional divorce and the legal divorce
As social networking websites such as Facebook, Twitter, and Myspace gain in popularity, attorneys are dealing with issues regarding the use, or misuse, of these sites. Employers are using these sites to check up on employees, litigants are using these sites to uncover dirt on opposing sides and … [Read more...] about Warning: What You Say on Facebook, Twitter, and Myspace May Come Back to Haunt You