As early as three weeks after filing for divorce, the parties must appear before the judicial officer assigned to their case. This first appearance is called the “Initial Case Management Conference.”
The ICMC is an informal hearing. No arguments are presented, or decisions made – except for a determination concerning how to move forward
One of the issues that divorcing parents have to tackle involves an allocation of the income tax exemptions for the minor children. Who claims who? This is a matter that should not be overlooked; tens of thousands of dollars in future tax benefits may be at stake. And, if both parents make the same claim in the same year, a phone call from the IRS is certain to follow.
Continue Reading Allocation of Income Tax Exemptions for Minor Children Following Divorce
Step parent adoption is the most common forms of adoption in Minnesota. It involves a three-part process.
First, the parental rights of the biological father are terminated. Usually this is done on a voluntary basis, although in some instances and involuntary termination of parental rights will be necessary.
The court will not grant a voluntary
Many potential clients seek our advice in terms of protecting themselves at the onset of a divorce. They fear their spouse will take radical action in response to the dissolution process.
Continue Reading Some Simple Ideas to Help Protect Yourself During a Divorce
More than 95% of the cases we handle settle short of trial. When custody issues are involved, many of our clients participate in a process known as social early neutral evaluation – an SENE.
In a social early neutral evaluation, the lawyers and clients will meet with a pair of evaluators. These individuals are usually
As more and more counties adopt the early neutral evaluation model, fewer divorce litigants face the prospect of a motion for temporary relief. A decade ago, nearly every party to a divorce would seek some sort of temporary order from the judge, given the fact that few alternatives were available for immediate structured debate and discussion concerning issues like custody, parenting time, child support, property division and spousal maintenance.
Continue Reading The Process of Filing a Motion for Temporary Relief in Minnesota Divorce Court
There are situations when a party (or both parties) to a divorce will disagree with the decision made by the district court judge. The remedy? Filing an appeal with the Minnesota Court of Appeals.
The court is responsible for controlling the conduct that occurs within its doors, but also has to deal with issues outside of the courtroom when it comes to family matters.
It is typical for a contempt motion to be made in a family law case when one party has violated an order of the court,
Many of the cases we handle involve a high level of conflict. Our Family Wizard is a fantastic online tool to help streamline the process of parental communication during, and after, divorce.
Continue Reading Our Family Wizard: An Online Resource for High Conflict Divorce Litigants
One change that has occurred in Minnesota law in recent years is found in the statute pertaining to relocation out of state with a minor child. Under the old law, the non-moving parent had the burden of proof when it came to explaining to the court why the child shouldn’t be taken out of state. Now, however, it is the moving parent who has burden of proof; they must prove why such a move serves the best interest of the child.
Continue Reading Motions to Move out of State: New Standards