Messick Law is pleased to announce that it has won the gold award for Civil Litigation in 2024 from Minnesota's Best. This recognition highlights the firm’s commitment to providing quality legal services and reflects its formidable reputation in the legal community. A...
Firm News
Digital Evidentiary Hearings Require a Clear Record
On June 27, 2022 the Minnesota Court of Appeals released a precedential decision regarding digital court appearances. In Butler v. Jakes, the District Court issued an Order for Protection protecting Petitioner, Ms. Butler, from Respondent, Mr. Jakes after holding a...
What Does Primary Residence Mean?
The Minnesota Court of Appeals recently issued a decision clarifying the limits of a parent’s authority when they are granted “primary residence” of the child. In Wolf v. Oesterich, A20-0235 (February 22, 2021), the Minnesota Court of Appeals held that a parent, who...
Second Spouse Has Standing in Your Divorce Case – But You Can Avoid This
Last week, the Minnesota Supreme Court issued a decision upholding the right of a second spouse to intervene in the enforcement of the divorce decree between her husband and his former wife. In In re Miller v. Miller, Molloy(intervenor), No. A19-0372, (Minn. Jan. 20,...
Guardianship Bill of Rights
The Minnesota Court of Appeals issued a decision on January 25, 2021, governing the rights of persons subject to Guardianships. Harris o/b/o Banks v. Gellerman, A20-0527 (Minn. Ct. App. Jan. 25, 2021) The Court of Appeals held that when a harassment restraining order...
Update of Minnesota Court’s COVID Procedures
Chief Justice of the Minnesota Supreme Court, Lorie Gildea, has issued an updated order governing court proceedings. Civil cases will continue to be heard mostly remotely through September 6, 2021. Local chief judges will determine whether civil jury trials can be...
Post-Divorce Gifts
On Wednesday May 26, 2021, the Minnesota Supreme Court weighed in on a novel family law issue: whether post-divorce cash gifts can affect a spousal maintenance award. Minnesota Statute 518.552 subd. 2(a) requires the Court to consider a party’s “financial resources”...
Appellate Ruling on Spousal Maintenance
On June 21, 2021 the Minnesota Court of Appeals issued a precedential opinion regarding spousal maintenance. Either spouse may request an award of spousal maintenance; the district court must first determine their income and their reasonable monthly expenses. If a...
Adulthood Doesn’t Cut Off Court Jurisdiction
This week the Minnesota Court of Appeals held that Minnesota Courts retain jurisdiction over the custody of adult children in the case In Re the Custody of S.E.R.R. S.E.R.R. was born in Guatemala and abandoned by his mother. S.E.R.R.’s grandparents raised him in...
Minnesota Court of Appeals issued a precedential opinion regarding child support.
On October 18, 2021, the Minnesota Court of Appeals issued a precedential opinion regarding child support. Under Minn. Stat. § 518A.39, child support and spousal maintenance may be modified based on a showing that a substantial change in circumstances left the...