Randall A Smith Lake Harriet Law

1002, 2019

Minnesota Divorce Issues – Depletion and Dissipation of Assets

February 10, 2019|

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 [...]

1512, 2017

Divorce and Spousal Maintenance – Cash Flow Analysis

December 15, 2017|

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 [...]

1209, 2017

The Benefits of Mediation During Divorce

September 12, 2017|

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 [...]

906, 2017

Life After Divorce With Children

June 9, 2017|

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, [...]

1701, 2017

Congrats on Your Engagement: Where’s the Prenup?

January 17, 2017|

The holiday season is the busiest time of year. Families are getting together, shopping, and eating to celebrate life, love, and happiness. It is one of the busiest engagement seasons of the year (maybe tied with Valentine’s Day). Whether you get caught up in a moment of excitement and spontaneously [...]

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