Estate planning, elder law, family transitions, business planning – the legal issues that affect your family are always evolving. Jennifer writes regularly to keep you informed, educated, and empowered. Browse the latest articles below, or search by topic to find what you’re looking for.
The Americans with Disabilities Act (ADA), signed into law in 1990, recognized the civil rights of a large class of citizens with physical and mental disabilities by making it illegal to discriminate against them in employment, transportation or public services and accommodations. Since its enactment, much progress has been made, enabling people with...
Some of the most common misconceptions I hear when it comes to the divorce process involve mediation. These misconceptions include the belief that a mediator can be used in place of a lawyer; that mediation is necessary to have a friendly divorce; and that mediation will always save you money. While mediation can be a great tool in the divorce process it...
There are multiple ways a person can experience a legal name change, including marriage, divorce, adoption, or a separate name change court proceeding. However it happens, once a legal name change has been granted there are several places that must be notified of the name change. First things first, you will need to request a certified copy (or two) of...
Just because the divorce is final does not mean the work is done. Here are some of the steps needed after a divorce: Documents: Obtain copies of your divorce decree. A plain copy may be provided by your lawyer or the court. Certified copies can be purchased from the courthouse. Sign and exchange any titles, deeds, or other documents as required by your...
When a couple is planning their wedding nobody wants to think about divorce. But as a divorce attorney I commonly hear clients say "Why is X happening in the divorce? I wish I would have known that before." I can't help but wonder if we would have happier marriages, and easier divorces, if couples could take a session on Minnesota divorce along with...
If you are facing a divorce in Minnesota here are 7 things you need to know: It does not matter who is at fault. Minnesota is a no-fault state. One party only needs to state that the marriage has been broken. The judge will not care about what happened or why. It does not matter whose name is on it, who bought it, or who spent it. Property and debt...
A common misconception is that a divorce attorney is only needed when there are disagreements between the spouses. But when there is a complete agreement on all divorce issues many couples think a divorce attorney is an unnecessary expense. Instead they get free forms from the court, pay for forms over the Internet, or even hire a paralegal or other...
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 need to get to the trial. In a divorce case, it may be...
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 courtroom. In many counties, several different cases will be...
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 moving parent must overcome in order to be successful in...
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 division of property, it is important to understand what...
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 party has the means to pay. In many cases this can be a problem...