How to Help Your Children Adjust to a Divorce
A divorce can be unsettling for everyone involved, including your children. If your children are struggling to cope, you can do a few things to make this transition period easier. Here are three tips to help your children adjust to a divorce. Provide Emotional Support Children can react to a [...]
Celebrity Divorce of 2021: Bill and Melinda Gates
Bill and Melinda Gates's divorce, which included elaborate headlines, paparazzi photos, and rumors, became the stuff of tabloid legend with the world soaking it up around every corner of this twisted storyline. Microsoft employees and Gates’ circle of friends and colleagues have whispered about inappropriate extramarital relationship for years. Even [...]
Minnesota Divorce Issues – Depletion and Dissipation of Assets
Although Depletion and Dissipation of property carry different meanings, in Minnesota divorce cases the terms are sometimes used synonymously by the Court. Dissipation is defined by Minnesota case law as "wasting or expending funds foolishly." Volesky v. Volesky, 412 N.W.2d 750 (Minn. Ct. App. 1987). Spouses have a fiduciary duty [...]
Divorce and Spousal Maintenance – Cash Flow Analysis
In Minnesota, Spousal Maintenance (Alimony) is based upon need, and not the equalization of cash flow (equalizing monthly cash flow is not required or even addressed by Minnesota Statue 518.552). Unlike Child Support, Spousal Maintenance does not provide the parties with a basic formula to determine if (and for what [...]
Spousal Maintenance (Alimony) and Cash Flow – No Need to Equalize
In Minnesota, Spousal Maintenance (Alimony) is based upon need, and not the equalization of cash flow or income. The 2017 Curtis v. Curtis decision from the Minnesota Supreme Court stated that "need" is the first step in analyzing spousal maintenance. Some divorce lawyers like to equalize cash flow, which is [...]
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 Again, in an unpublished case, Burke v. Burke, [...]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 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, [...]