Top Issues – Minnesota Family Law Appeals
In some Family Law cases, the Judge or Referee assigned to the case makes a decision that may not adequately address the legal issues presented. When a party feels that a Judicial decision constitutes an abuse of discretion or was made in error, there are legal remedies, including the option [...]
Family Law – Child Custody
Under Minnesota law, there are two types of child custody. "Legal custody" refers to the right to make decisions about how to raise the child, including decisions about education, health care, religious training and certain activities. "Physical custody" refers to the right to make decisions about the routine day-to-day activities of the [...]
Minneapolis | Hennepin | High Conflict Divorce
One of the more frequent concerns for people considering a divorce is whether the case will be (or needs to be) contentious and adversarial in nature. This depends on many things, including the personality of the parties and the attorneys, and whether the parties are open to using methods other [...]
Hennepin County Collaborative Divorce
In Minnesota, Collaborative Divorce (also referred to as Collaborative Practice) the parties agree to have their case resolved without court appearances and without unnecessary conflict. In Collaborative Divorce, the parties sign a Participation Agreement at the beginning of the case that describes how the case will be handled, including rules [...]
Minneapolis Divorce | Tax Issues and Children
The tax benefits for a qualifying child are: 1) Head of Household filing status; 2) Child and Dependent Care Credit; and 3) Earned Income Credit. These three benefits can only be claimed by a parent who meets the definition of a custodial parent pursuant to Internal Revenue Code 152(e)(4)(A). There [...]
Minnesota Divorce | Real Estate and Assets
Debts, like assets, are presumed to be marital, and the party seeking to have credit card debt deemed non-marital bears the burden of proof. Berlinerblau v. Berlinerblau, A10-952 (Minn. Ct. App. May 9, 2011) Minnesota Court Of Appeals reversed and remanded the trial court's findings on the division of credit [...]
Hennepin County Divorce – FENE – SENE
Early Neutral Evaluation (ENE) is a process that is increasingly being used and ordered by Courts to help resolve Family Law issues involving child custody and parenting time (referred to as SENE). In addition the ENE process can assist parties with the resolution of financial matters (referred to as FENE) [...]