Postnuptial agreements in Minnesota differ from prenuptial agreements in three critical ways: Timing: Basically a prenuptial agreement entered into by the parties after they have married. Statutory Requirements: In addition to all prenuptial requirements, both parties must be represented by a lawyer in order for the agreement to be enforceable. Postnuptial agreements are presumed unenforceable if executed less than one year prior to the commencement of an action to dissolve the marriage. We’re here to help if you have postnuptial agreement ……

Continue Reading Postnuptial Agreements in Minnesota : Elements that Differ from a Prenup

Harassment in Minnesota is defined by statute and a specific process is in place to obtain a Harassment Restraining Order. Here are some key elements: Harassment: Single incident of assault, or repeated, unwanted acts designed to invade the rights, safety and privacy of another and that have a substantial adverse effect on the intended recipient. Process: Alleged victim submits papers to judge, outlining what happened. If court believes act of harassment occurred, Harassment Restraining Order is issued. Alleged aggressor may dispute issuance of ……

Continue Reading Minnesota Harassment Elements and Concepts

Domestic abuse involves a statutory definition and process associated with obtaining an Order for Protection. Here is a quick guide on those issues: Abuse: Physical harm, assault or infliction of fear of imminent physical harm among family members. Process: Alleged victim submits papers to judge, outlining what happened. If court believes act of abuse occurred, Order for Protection is issued. Alleged aggressor may dispute issuance of Order, and request a hearing. If alleged victim proves case, Order up to two years may issue. If case not proven, ……

Continue Reading Domestic Abuse in Minnesota : Quick Guide

Paternity in Minnesota involves key five issues: Adjudication: Paternity is established through genetic testing or execution of a Recognition of Parentage. Child Custody: Same standards as a dissolution action. Parenting Time: Same standards as a dissolution action. Child Support: Same standards as a dissolution action. Reimbursement: Mother may seek reimbursement for pregnancy and birthing expenses. Court may also order payment of attorney’s fees and costs. If you have a question concerning paternity, our lawyers are here to help. ……

Continue Reading Minnesota Paternity : Key Issues

Post-decree motions vary in terms of complexity and the elements necessary to meet the relevant burden of proof: Custody: Must show that a child is either: (1) integrated into non-custodial parent’s home; or (2) custodial parent’s home environment endangers child. Parenting Time: Must show modification of schedule serves best interest of the child. Out of State Move: Must show best interest of the child is served by relocation. Court will examine purpose of move, nature of relationship among non-custodial parent and child, and ability to ……

Continue Reading Post-Decree Motions in Minnesota : An Overview of the Relevant Legal Standards

Attorney fee awards are relatively uncommon in Minnesota family court. There are just two bases upon which a family court litigant may make a claim for fees and costs: Need-Based: Awarded if a party cannot afford fees and costs, but the other party can afford to assist. Bad-Faith: Awarded if a party engages in conduct designed solely to harass the other, delay the proceeding or drive up the fees and costs of the other party without sufficient justification. If you have a question concerning attorney fee awards, our lawyers are here to help. ……

Continue Reading Attorney Fee Awards in Minnesota Divorce Court

Spousal maintenance is a factor-based award in Minnesota. In this quick guide, find key information concerning spousal maintenance awards in Minnesota: Need: The party seeking spousal maintenance must establish a need. This is determined by comparing the party’s projected monthly budget against the party’s ongoing income. Ability to Pay: If a party establishes a need for spousal maintenance, the other party’s ability to pay will be examined. This is determined by comparing the party’s projected monthly budget against the party’s ongoing ……

Continue Reading Spousal Maintenance in Minnesota : A Quick Guide

Property division in Minnesota family court typically results in each party receiving an equal share of the marital estate. Here are some key provisions concerning the allocation of assets and debts as part of a divorce in Minnesota: Marital Property: Property acquired by the parties, during the marriage, through marital efforts. Non Marital Property: Property brought into a marriage by one spouse, acquired during the marriage as a gift or inheritance to one spouse, not the other, or property acquired during the marriage in exchange for another ……

Continue Reading Property Division in Minnesota Following Divorce

Once a divorce or paternity action has been initiated, physical and legal custody issues may arise, along with a need to determine the appropriate parenting time schedule.

Rather than fighting over custody labels, Minnesota law allows the litigants to simply enter into an agreement called a “Parenting Plan.”

The details of a Parenting Plan are…

Custody disputes are some of the most intense, emotional cases we handle. Here we  provide basic information concerning custody and parenting time issues in Minnesota divorce and paternity cases: Legal Custody: Involves the key decisions made on behalf of a child in terms of education, religion and medical needs. The presumption is that parents will share joint legal custody. This presumption may be overcome by demonstrating an inability to communicate or a history of domestic abuse. Physical Custody: Involves the day to day care and decision ……

Continue Reading Custody in Minnesota : Definitions and Standards