You might find yourself thinking, “What in the world is collaborative about the practice of law?” After all, ours is an adversarial system employing two hired guns in each case to present opposing views to a judge or jury for determination, right? For the vast majority of cases, that is the way things work, but for some lawyers and clients,
A particularly difficult post-divorce problem arises when one parent wishes to relocate with a child to another state. In March of this year, the Tennessee Supreme Court rendered an important decision on this subject, Aragon v. Aragon, 513 S.W.3rd 47 (March 16, 2017). In Aragon, the parenting plan order entered at the time of the divorce provided that the parents
In recent years, statistics have shown that while the overall divorce rate is falling, divorces for people over 50 are rising. The gray divorce phenomenon has many issues particular to that age group, including spousal maintenance for a homemaker spouse or when there has been significant disparity in incomes; the tracing of inherited assets; and the division and use of
Divorce is a difficult process – even under the best of conditions. The most pressing issue is to complete the separation from the former spouse. Change passwords – everywhere. Don’t leave financial, email or social media accounts open to abuse by someone who may be feeling aggrieved. The next step is to adjust the financial plans to reflect the new
With custody labels having much less significance than in the past, parenting time – previously called visitation – is the issue that parents and lawyers spend a lot of time addressing in divorce decrees. Minn. Stat. Sec. 518.175 addresses parenting time, requiring the court to grant parenting time that enables the child and parent to maintain a relationship that will
Your family law clients might not be ready to draw a line through the center of the house as Michael Douglas and Kathleen Turner did in “The War of the Roses,” but their divorces may be just as contentious. Whether contentious or not, family law matters can be skillfully resolved with the help of a mediator extensively experienced in family
As divorce rates for people older than 50 continue to rise, the impact on late teen and college age children has largely been ignored by lawmakers and courts. Although current research shows that older children are just as negatively impacted by their parents’ divorce as younger children, there are no formal considerations for them in the Minnesota statutes governing divorce.
Williamson v. Lamm is an instructive example of how the standard applicable to determining whether a material change in circumstances has occurred with regard to a residential parenting schedule is different from that for determining whether such a change has occurred with regard to child custody. Williamson involved an equal time permanent parenting plan with the mother designated as the
“Too often in our family law practice we are confronted with the problem of a non-disclosing spouse. Most typically, this is a self-employed spouse or a spouse who runs his or her own business.” All civil litigators must contend with the issue of the statute of limitations. Few things are worse than telling a client with a viable claim, “I
Family Law attorneys have been waiting impatiently for the release of the Minnesota Supreme Court decision in the case of Curtis v. Curtis. The decision, which was filed Nov. 16, 2016, represents the first decision by the Supreme Court in a long while on a substantive spousal maintenance issue and while it addresses the tax issue raised by the district
You might find yourself thinking, “What in the world is collaborative about the practice of law?” After all, ours is an adversarial system employing two hired guns in each case to present opposing views to a judge or jury for determination, right? For the vast majority of cases, that is the way things work, but for some lawyers and clients,
A particularly difficult post-divorce problem arises when one parent wishes to relocate with a child to another state. In March of this year, the Tennessee Supreme Court rendered an important decision on this subject, Aragon v. Aragon, 513 S.W.3rd 47 (March 16, 2017). In Aragon, the parenting plan order entered at the time of the divorce provided that the parents
In recent years, statistics have shown that while the overall divorce rate is falling, divorces for people over 50 are rising. The gray divorce phenomenon has many issues particular to that age group, including spousal maintenance for a homemaker spouse or when there has been significant disparity in incomes; the tracing of inherited assets; and the division and use of
Divorce is a difficult process – even under the best of conditions. The most pressing issue is to complete the separation from the former spouse. Change passwords – everywhere. Don’t leave financial, email or social media accounts open to abuse by someone who may be feeling aggrieved. The next step is to adjust the financial plans to reflect the new
With custody labels having much less significance than in the past, parenting time – previously called visitation – is the issue that parents and lawyers spend a lot of time addressing in divorce decrees. Minn. Stat. Sec. 518.175 addresses parenting time, requiring the court to grant parenting time that enables the child and parent to maintain a relationship that will
Your family law clients might not be ready to draw a line through the center of the house as Michael Douglas and Kathleen Turner did in “The War of the Roses,” but their divorces may be just as contentious. Whether contentious or not, family law matters can be skillfully resolved with the help of a mediator extensively experienced in family
As divorce rates for people older than 50 continue to rise, the impact on late teen and college age children has largely been ignored by lawmakers and courts. Although current research shows that older children are just as negatively impacted by their parents’ divorce as younger children, there are no formal considerations for them in the Minnesota statutes governing divorce.
Williamson v. Lamm is an instructive example of how the standard applicable to determining whether a material change in circumstances has occurred with regard to a residential parenting schedule is different from that for determining whether such a change has occurred with regard to child custody. Williamson involved an equal time permanent parenting plan with the mother designated as the
“Too often in our family law practice we are confronted with the problem of a non-disclosing spouse. Most typically, this is a self-employed spouse or a spouse who runs his or her own business.” All civil litigators must contend with the issue of the statute of limitations. Few things are worse than telling a client with a viable claim, “I
Family Law attorneys have been waiting impatiently for the release of the Minnesota Supreme Court decision in the case of Curtis v. Curtis. The decision, which was filed Nov. 16, 2016, represents the first decision by the Supreme Court in a long while on a substantive spousal maintenance issue and while it addresses the tax issue raised by the district
