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 [...]
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 [...]
Life After Divorce With Children
In today’s society, people are able to relocate easily for many different reasons such as economic, educational, and career opportunities. Any residential move no matter how close (60 miles) or how far (1,000 miles) will impact parties’ custodial arrangements along with relationships with the child. After a separation or divorce, [...]