Legal and Physical Custody in Minnesota - An Overview

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…

Divorce and Investing

Divorce and Investing

There are many changes that occur with divorce, especially in the realm of finances. The assets and income that was once available to a single household is now split, yet the total expenses are typically greater. For those who receive a financial settlement in their…

Calming the Storm: Tips for an Amicable Divorce

Calming the Storm: Tips for an Amicable Divorce

The media is abundant with horror stories about couples ending their marriages and dragging each other through the mud in the process. Fights over property, finances, kids, and pets are common; common and yet, unnecessary when a couple makes the rational decision to have an…

4 Steps to Secure Your Emotional Well-being During a Divorce

4 Steps to Secure Your Emotional Well-being During a Divorce

There is a reason divorce always ranks among the top two stressors. The only stressor that tops divorce is the death of a loved one. Divorce is a type of death itself. Like any death, survivors go through a grieving process. This emotionally-charged process requires…

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

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…

Dividing Assets and Debts During a Divorce

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…

Kremer Decision: Procedural Fairness and Minnesota Antenuptial Agreements

Kremer Decision: Procedural Fairness and Minnesota Antenuptial Agreements

PROCEDURAL REQUIREMENTS: Currently governed by Minnesota Statute 519.11, antenuptial agreements require procedural fairness in order to be enforced. The first of these requirements includes full and fair disclosure of the parties’ earnings and property. Next, the parties must have the opportunity to consult with legal…