Can we make an agreement outside of court?

It is no secret people want to avoid paying an attorney whenever possible.  Divorcing couples or parents smartly try talking out their legal issues to find common ground and make agreements outside of court thinking they solved their legal issues without involving attorneys.  Their agreements may come before any court proceeding exists or sometime after […]

What if I cannot afford court filing fees for my family court case?

Minnesota courts charge filing and other fees in a variety of cases including those involving divorce, child custody, parenting time and child support.  Not everyone can afford to pay all of these fees.  State law requires court fees and costs can be waived in certain circumstances. In family court, a person must provide the court with […]

Can I change my will during a divorce?

People going through a divorce often do not want their soon-to-be ex-spouse inheriting their assets such as real estate or bank accounts.  While death is a tough topic to think about, divorces should involve some estate planning early on in order to best protect what you own if your not-quite-my ex-spouse outlives you or dies […]

Why is a legal description for real estate so important?

The legal description for a house, cabin or other type of property is used to specifically identity where the property is located and its exact size and boundaries.  These descriptions are created through a survey using phrases, compass directions and numbers to let landowners know what real estate they own. Legal descriptions are meant to […]

What if the other parent claims our kids for taxes when I am supposed to claim them?

Sometimes parents spend a lot of time inside and outside of court fighting about who gets to claim the kids for income tax purposes.  Claiming one or more kids for tax purposes often brings a welcomed tax refund that can be used to pay down bills.  The process can bring some real financial relief for […]

What do I do if my ex is drunk or high when we exchange our kids?

Minnesota law requires parents adhere to a parenting time schedule when they go through a family court case.  This schedule lays out what days and times parents exchange their kids.  It can also include language saying parents cannot drink when the children are in their care or that a parent has to complete a urinalysis […]

What if the other party in my case is not following a court Order?

There are times when the other party does not follow a family court Order.  For good reasons or bad, that person just does not want to comply with what he or she is supposed to do. A person can file a Motion for Contempt asking the court to find someone has not done something.  If […]

Can I change an agreement reached at an Early Neutral Evaluation or at a mediation?

More and more people going through a family court matter are choosing to participate in an Early Neutral Evaluation (“ENE”) rather than jumping right to a trial where a judge shall permanently decide the matter.  An Early Neutral Evaluation is a confidential evaluation process that occurs within a month or two of a family court […]

What happens if parents cannot agree where children go to school?

Whether a child is going to be entering kindergarten or finishing middle school and is about to begin high school, parents have to weigh many factors when it comes to where their child goes to school.  Depending where families live the choice can involve comparing and contrasting the pros and cons of private schools, charter […]

How does the new legislation regarding cohabitation affect spousal maintenance?

If you are a former spouse who pays spousal maintenance or receives spousal maintenance, you need to be aware of a significant change to our spousal maintenance law that became effective August 1, 2016.  A former spouse who is in a new relationship could potentially have his or her spousal maintenance reduced, suspended or eliminated.  The […]