White v. White and Baker v. Baker on Retirement Accounts
Retirement accounts are often litigated during a divorce, especially when a non-marital claim exists. In White v. White, a couple had been married for six years and were in the process of being divorced. 521 N.W.2d 874 (Minn. Ct. App. 1994). The main issue before the Minnesota Court of Appeals [...]
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 facts on the record before [...]
Spousal Maintenance, Retirement and an Obligation to Work
This blog will cover two topics. The first topic is the question of what happens if the payor of spousal maintenance retires? The second topic is a question about whether or not a recipient of spousal maintenance has an obligation to work to try to increase his or her income. [...]
Enforceability of Mediated Settlements
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 Again, in an unpublished case, Burke v. Burke, [...]
Top Family Law Issues -Third Party Custody in Minnesota
There are a variety of reasons why a child may be in the custody of a third party and not with their parents. This blog will focus on why and how a third party might get custody or visitation rights under Minnesota law. In 2002, the Minnesota legislature enacted a [...]
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 imminent physical harm, bodily injury, [...]
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 child, if the court [...]
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 unpublished case, Burke v. Burke, [...]
The Correlation Between Disaster and Divorce
Natural disasters (or other devastating life events) are known to have different emotional responses. As a result, we sometimes see an increase in births, marriages, and divorces during these times. The reason is quite simple, during highly emotional periods, people tend to make snap decisions to find a way to [...]
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, [...]