Domestic Violence, Divorce and Parenting Time

Domestic Violence, Divorce and Parenting Time

October was Domestic Violence Awareness Month. Under Minn. Stat. 518B.01 Domestic Abuse Act, domestic abuse “means the following, if committed against a family or household member by a family or household member: (1) Physical harm, bodily injury, or assault; (2) The infliction of fear of…

Custody, Parenting Time and A Child's Preference

Custody, Parenting Time and A Child’s Preference

Minnesota determines custody and parenting time of a child using a standard that decides what custody or parenting time arrangement is in the best interests of the child. Minn. Stat. §518.17 (2017). This blog post will focus on the third factor, “the reasonable preference of…

The Enforceability of Mediated Settlement Agreements During Divorce

The Enforceability of Mediated Settlement Agreements During Divorce

Many people wonder (including attorneys and mediators), are mediated settlement agreements enforceable? Well, that depends on the situation. In a recent case, Tornstrom v. Tornstrom, 887 N.W.2d 680 (Minn. Ct. App. 2016) the court determined that a mediated settlement agreement was enforceable. Again, in an…

The Rebuttable Presumption - Parenting Time in Minnesota

The Rebuttable Presumption – Parenting Time in Minnesota

Rebuttable Presumption of 25% Parenting Time Starting in 2007, Minnesota’s parenting time statute has included a rebuttable presumption that a parent is entitled to 25% parenting time under Minn. Stat. §518.175 subd. 1(g) (2016). Minn. Stat. §518.175 subd. 1(g) can be broken down into four…

Non-Marital Tracing and Minnesota Divorce - An Overview

Non-Marital Tracing and Minnesota Divorce – An Overview

Under Minnesota law, all property, real or personal acquired either jointly or individually during a marriage is presumed to be marital property under Minn. Stat. §518.003 subd. 3b. Non-marital property is defined by the statute as “property real or personal, acquired by either spouse before,…

The Benefits of Mediation During Divorce

The Benefits of Mediation During Divorce

When Gwyneth Paltrow and Chris Martin said they were undergoing a “conscious uncoupling,” many people thought that was crazy.  There is no such thing as a friendly divorce in which both people just move on, especially with children involved. This must be some type of…

Mediation in Minnesota Family Law Cases

Mediation in Minnesota Family Law Cases

What is Family Mediation?  Mediation is an Alternative Dispute Resolution (ADR) process. Under Minnesota General Rules of Practice 114.02, mediation is defined as “a forum in which a third party neutral facilitates communication between parties to promote settlement. A mediator may not impose his or…

Maurer v Maurer and Tax Issues During Divorce

Maurer v Maurer and Tax Issues During Divorce

Under Minnesota law, the division of property during a divorce must be equitable. Minn. Stat. §518.58 (2016).  All property at the time of divorce is presumed to be marital property, this means that it is the challengers burden to prove that the property is nonmarital…