Randall A Smith Divorce lawyer

606, 2022

Spousal Maintenance – The 8 Factors and Equalizing Income

June 6, 2022|

In Minnesota, the topic of spousal maintenance (also referred to as alimony) is a frequent financial issue during a divorce.  Spousal maintenance is awarded to meet need, and it depends on a showing of need.  The marital standard of living is analyzed in detail, along with cash flow and proposed [...]

2403, 2018

Abuse of Discretion in Minnesota – An Overview

March 24, 2018|

  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 [...]

2109, 2017

The Rebuttable Presumption – Parenting Time in Minnesota

September 21, 2017|

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, [...]

1909, 2017

Non-Marital Tracing and Minnesota Divorce – An Overview

September 19, 2017|

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 [...]

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