Chinyere

1405, 2018

White v. White and Baker v. Baker on Retirement Accounts

May 14, 2018|

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 [...]

2403, 2018

Abuse of Discretion in Minnesota – An Overview

March 24, 2018|

  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 [...]

1001, 2018

Spousal Maintenance, Retirement and an Obligation to Work

January 10, 2018|

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. [...]

2912, 2017

Enforceability of Mediated Settlements

December 29, 2017|

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 Again, in an unpublished case, Burke v. Burke, [...]

1512, 2017

Top Family Law Issues -Third Party Custody in Minnesota

December 15, 2017|

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 [...]

911, 2017

Domestic Violence, Divorce and Parenting Time

November 9, 2017|

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, [...]

2410, 2017

Custody, Parenting Time and A Child’s Preference

October 24, 2017|

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 [...]

2410, 2017

The Enforceability of Mediated Settlement Agreements During Divorce

October 24, 2017|

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, [...]

1910, 2017

The Correlation Between Disaster and Divorce

October 19, 2017|

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 [...]

2109, 2017

The Rebuttable Presumption – Parenting Time in Minnesota

September 21, 2017|

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, [...]

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