Divorce and Spousal Maintenance - The Analysis Of Cash Flow

Divorce and Spousal Maintenance – The Analysis Of Cash Flow

In Minnesota, Spousal Maintenance (Alimony) is based upon need, and not the equalization of cash flow (equalizing monthly cash flow is not required or even addressed by Minnesota Statue 518.552).  Unlike Child Support, Spousal Maintenance does not provide the parties with a basic formula to…

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,…

Attorney Gail E. Mattey Joins Lake Harriet Law Office

Attorney Gail E. Mattey Joins Lake Harriet Law Office

Associate Attorney Gail E. Mattey earned her J.D. from the University of Minnesota Law School in 2008, and her Honors B.A in Biological Sciences with a minor in Psychology from the University of Delaware in 2003.  Gail represents clients in a variety of Family Law…

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…

Who Gets The House? And Other Questions Relating to Division of Assets.

Who Gets The House? And Other Questions Relating to Division of Assets.

When our parents were young, life progressed in this fashion: finish school; get married; buy a house; have children; retire. As life changed, this progression has also changed for many.  Maybe you bought a house after you finished school and before you even met your…

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…