Establishing paternity is a crucial legal determination that affects a child’s rights, including inheritance, child support, and access to medical and other benefits. In Minnesota, under certain circumstances, a man is legally presumed to be the father of a child. This presumption of paternity is governed by state law and serves as a foundation for
Three Key Reasons Many Choose Legal Separation Over Divorce in Minnesota
When couples face marital challenges in Minnesota, they often assume that divorce is the only legal path forward. However, many spouses choose legal separation instead, a process that allows them to live apart while remaining legally married. While both legal separation and divorce involve court orders addressing financial and parenting matters, legal separation does not
UCCJEA: How the Uniform Child Custody Jurisdiction and Enforcement Act Applies in Minnesota Custody Cases
Child custody disputes can be among the most contentious legal battles, particularly when multiple states are involved. To address jurisdictional conflicts and ensure stability for children, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was established. Minnesota, like most states, has adopted the UCCJEA, which plays a crucial role in determining which state has
Five Common Approaches to Valuing Real Estate in a Minnesota Divorce
Dividing assets in a Minnesota divorce can be challenging, especially when it comes to real estate. A family home often represents a significant financial and emotional investment, and determining its value is a crucial step in the property division process. Minnesota law requires that marital assets be divided equitably, which makes establishing an accurate
The Five Most Common Bases for a Harassment Restraining Order Under Minnesota Law
Harassment can take many forms, from unwanted physical contact to persistent online abuse. In Minnesota, individuals who experience harassment can seek legal protection through a Harassment Restraining Order (HRO). An HRO is a court order designed to prevent further harassment by restricting an offender’s actions and contact with the victim. Minnesota law defines harassment
Why Do Minnesota Judges Require Mediation in Nearly Every Divorce?
Divorce can be an emotionally draining and financially burdensome process. Couples going through divorce often expect a drawn-out courtroom battle, but in Minnesota, judges typically require mediation before allowing a case to proceed to trial. Why? Because mediation provides a structured and efficient way to resolve disputes, often leading to better outcomes for both parties.
Domestic Abuse Project of Minnesota: Understanding the “Power and Control Wheel”
When people think of domestic abuse, physical violence often comes to mind first—bruises, broken bones, and clear-cut evidence of harm. However, domestic abuse is far more insidious, encompassing a range of behaviors designed to exert control over another person. The Domestic Abuse Project (DAP) of Minnesota, in collaboration with practitioners and survivors, played
Grandparent Visitation: Three Ways to Have Standing to Bring a Petition in Minnesota
Grandparents play a vital role in the lives of their grandchildren, offering love, guidance, and stability. However, when family disputes arise—whether due to divorce, parental conflict, or even the death of a parent—grandparents may find themselves cut off from their grandchildren. Fortunately, Minnesota law provides specific circumstances in which grandparents have the legal right to
How is Income Determined for Child Support Under Minnesota Law?
Child support calculations in Minnesota rely on a key factor: the determination of each parent’s income. Understanding how income is assessed is essential for parents involved in family law cases, whether they are paying or receiving support. Minnesota law follows specific guidelines to ensure a fair calculation based on financial realities while prioritizing
How Minnesota Divorce Laws Differ From Surrounding States
Divorce laws vary significantly from state to state, and understanding these differences is crucial for individuals contemplating divorce in Minnesota or any of its neighboring states—North Dakota, South Dakota, Iowa, and Wisconsin. While all five states follow the basic principles of equitable distribution and no-fault divorce, their unique statutes impact everything from property division to