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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.
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...
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 education requirements, encourages alternative dispute...
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 caveats. First of all, I would encourage everyone to at least...
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 related to property and debt division, spousal maintenance, and...
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 witnesses, and in family law cases, parties are using these...
Divorce can be difficult, but you don’t need to be unprepared. Being prepared can help you handle the emotions, understand the legal process, and get through the divorce as stress-free as possible. Below are some steps to take towards a “nice” divorce: Find a Support Network Divorce can be a very challenging and emotional time. Be good to yourself and find...
In many households, the dog or cat has become an important member of the family. So it is not surprising that battles over Fluffy and Fido are becoming more common in divorce court. However, legally, pets are still viewed as property and options for dealing with pet custody in a divorce are very limited. The courts will not make a decision based upon “the...
The holiday season can be a sensitive time for anyone but for those going through divorce, or trying to move on after the process of divorce, it can be even more difficult. Some people struggle with moving on at this time of year due to past hurts, children who need to split time with families during the holiday season, or because of the memories of past...