How to address parenting time when a parent travels for work?

2016.11.29

Parenting is stressful enough when both parents work locally.  Going through a divorce for a parent who travels around the state or out of state gets complicated and ugly.  What should a divorcing parent who works away from home do to maximize the time he or she has with the children?  There are some steps […]

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

2016.11.15

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 is the Schmitz Formula?

2016.11.01

Dividing a house or other real estate that was purchased during a marriage is often very straight forward.  What if a spouse bought a house before the marriage?  How does that get divided?  Here is an example of this issue: Wife bought a house in 2002 for $150,000.  She paid $20,000 as a down payment […]

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

2016.10.18

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 […]

What is ICWA?

2016.10.04

  The Indian Child Welfare Act (“ICWA”) is a federal law enacted in 1978 in response to the child welfare policies that negatively impacted Indian families throughout the United States.  The United States government, over the years, enacted laws and policies that broke apart Indian families and tribes devastating the cultural heritage of several generations […]

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

2016.09.20

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?

2016.09.06

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 […]

What is an Initial Case Management Conference (“ICMC”) Hearing?

2016.08.23

Most people envision going to a courthouse for jury duty or to apply for a marriage license.  Going to a courthouse is not something most people do very often.  The thought of having to go to court for an Initial Case Management Conference (“ICMC”) Hearing can be a scary thought.  People going through a divorce, child […]

How does the new legislation regarding cohabitation affect spousal maintenance?

2016.08.09

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 […]

What questions should I ask when hiring an attorney?

2016.07.26

Most people have never had to hire an attorney.  When they find themselves in need of a family law attorney, they often are so focused on what is going on in their life at the time that they do not know what they should discuss with an attorney or where to even start with their […]