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 sections: the absence of evidence, [...]
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, during, or after the existence [...]
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 matters including Divorce, Child Custody [...]
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 Hollywood jargon! Yet, this type [...]
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 spouse. Maybe you had children [...]
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 her own judgement on the [...]
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 according to Minn. Stat. §518.003 [...]
Minnesota Adoption, Child Custody and Support
You and your spouse made a decision as a couple and parents to adopt a child and provide that child all the love he or she (or any child) deserves. And for a while, you made a beautiful, loving family. However, as we have learned time and again, marriages do [...]
Life After Divorce With Children
In today’s society, people are able to relocate easily for many different reasons such as economic, educational, and career opportunities. Any residential move no matter how close (60 miles) or how far (1,000 miles) will impact parties’ custodial arrangements along with relationships with the child. After a separation or divorce, [...]
When It Is Time to Leave a Marriage
No one enters a marriage thinking that it will end. Many people ignore the signs that it is time to leave for many years before admitting that it is necessary. Still, it is important to know when it is time to admit that your marriage is not working and cannot [...]