Even in the best of circumstances, a divorce can quickly become a complicated process. While the elements of a marriage are unique, there are often common factors that can add layers of complexity. From determining a parenting plan to agreeing to future debt...
You were mildly surprised to discover that your parents had significant debt when they died. This scenario makes you wonder what happens to debt when someone dies and whether their child is responsible for paying it. The simple answer is “no.” The remainder of their...
While a couple might agree that divorce is the best course of action for both futures, they will still face numerous challenging negotiations through the process. From the division of assets and debts to the determination of support and parenting time, the divorcing...
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...
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,...
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...
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...
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”...
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...
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...