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 Again, in an unpublished case, Burke v. Burke, [...]
Spousal Maintenance (Alimony) and the Imputation of Income
During a divorce proceeding, and once a divorce is finalized, the court may order that one spouse pay alimony, or what Minnesota refers to as spousal maintenance, to the other spouse. The primary reason for spousal maintenance is to provide cash flow to a spouse in order to approximate the [...]
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, [...]
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 [...]