Let’s face it, the holidays are stressful. If you are a divorced parent, you may have the added pressure of trying to figure out how to share your children for the holidays, while making it fun and memorable for everyone. But know it can be…
Tag: Minneapolis divorce attorneys
Legal and Physical Custody in Minnesota - An Overview
The difference between legal and physical custody is important to understand and is often confused. Minnesota Statute section 518.003 defines “legal custody” as the right to determine the child’s upbringing, including education, health care, religious training and other important, long-term decisions regarding their child or…
Minnesota Divorce Issues - Depletion and Dissipation of Assets
Although Depletion and Dissipation of property carry different meanings, in Minnesota divorce cases the terms are sometimes used synonymously by the Court. Dissipation is defined by Minnesota case law as “wasting or expending funds foolishly.” Volesky v. Volesky, 412 N.W.2d 750 (Minn. Ct. App. 1987).…
Dividing Assets and Debts During a Divorce
Financial concerns are often a sticking point when two people are going through a divorce. Not only can splitting assets become a point of contention in some cases, but resolving debt issues is also a major concern. Determining who will be responsible to pay off…
Abuse of Discretion in Minnesota - An Overview
In cases that involve divorces, the district court is awarded broad discretion to the division of property, award of maintenance, custody determination and child support. Rutten v. Rutten, 347 N.W.2d 47, 50 (Minn. 1984). The district court’s conclusions must be clearly erroneous given the…
Minnesota Divorce and Property Division - Equitable vs. Equal.
Equitable does not necessarily mean equal (check Black’s Law Dictionary). In Minnesota Divorce cases, the division of Assets and Debts does not need to be mathematically equal, and you are not entitled, under Minnesota law, to “exactly half .” Minnesota Statute 518.58, subd. 1, states that…
Divorce and Spousal Maintenance - Cash Flow Analysis
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 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…
Child Support and Taxes: 5 Essential Rules
Tax season is upon us. During this time of year, we often focus on things like deductions and taxable income, and how we can maximize our tax credits and deductions to obtain the largest benefit from the IRS. When reviewing tax laws, attorneys and parties…