Posts By Marc Beyer

KEVIN GARNETT AND CHILD SUPPORT

Posted on Tuesday, April 9th, 2019 and is filed under Child Custody, Child Support, Children, Divorce, Minnesota.

Whenever a celebrity gets a divorce, the media likes to focus on the dollar amounts as a way to sensationalize the story.  When Tiger Woods divorced, for example, the headlines told of the millions of dollars he had to pay his wife as a property settlement.  It gets everyone’s attention. What gets lost in the… Read more »

Mediation and Hiring a Lawyer: Not Mutually Exclusive

Posted on Wednesday, February 13th, 2019 and is filed under Early Neutral Evaluation, ENE, ICMC, Initial Case Management Conference, Lawyer, Mediation, Process.

Many people think that you have two basic options when you start a divorce: You can hire a mediator and try to settle your divorce amicably with your spouse in mediation, or you can hire lawyers and go to Court on a contested basis. In other words, people associate lawyers with contested litigation and assume… Read more »

The Significance of Sole Physical Custody (or lack thereof)

Posted on Tuesday, December 4th, 2018 and is filed under Child Custody, Divorce, Divorce Decree, Parents.

In any Divorce Decree with minor children, there will be a designation of physical custody. Either Mom or Dad will be granted “sole physical custody” or both parties will be awarded “joint physical custody.” But what does this mean? Not as much as you might think. The words “sole” and “joint” are really just that… Read more »

The Judge Knows All – Or Do They?

Posted on Tuesday, September 25th, 2018 and is filed under Courts, Divorce.

Every Judge was first a lawyer.  In many cases, they are former litigators (meaning they regularly appeared in Court) although not always.  But even as litigators, they probably focused their practice on a particular area of law, as most lawyers do.  As with doctors and medicine, lawyers cannot specialize in every area of law. When… Read more »

Custody Modification: What do you have to Prove?

Posted on Tuesday, June 26th, 2018 and is filed under Child Custody, Child Support, Children, Divorce, Parents.

In contested child custody cases, the Court determines the issue of custody and parenting time based upon what is in the “best interests of the child.” This is not an arbitrary determination. Rather, the Court determines a child’s best interests by applying the 12 best interest factors from the statute to the facts of the… Read more »

Get it Right the First Time: Hire a Lawyer

Posted on Tuesday, May 29th, 2018 and is filed under Divorce, Lawyer, Life, Process.

For many people, saving money whenever possible is human nature. No one wants to spend more money on something than necessary. A penny saved is a penny earned, right? Take mowing the lawn, for example. I could pay a lawn mowing service to mow my lawn every week, or I can save money and do… Read more »

What is a Putative Spouse, Anyway?

Posted on Tuesday, May 22nd, 2018 and is filed under Minnesota, Putative Spouse.

What happens when a man and woman live together as if husband and wife, perhaps even believing in good faith that they are husband and wife, but in reality they are not legally married? When the relationship ends, does divorce law apply to them just the same? The Minnesota Court of Appeals was recently confronted… Read more »

Missed Parenting Time: Who’s to Blame?

Posted on Tuesday, May 8th, 2018 and is filed under Divorce, Life, Parents.

My law partner Tim recently blogged about missed parenting time. See “Stop Messing With My Parenting Time! What Happens When Parenting Time is Lost Because a Parent Isn’t Following the Schedule?“. From the fact pattern discussed in his blog, it was clear that one parent was consciously limiting the other parent’s time with the children…. Read more »

Paying Off Your Spouse’s Premarital Debt

Posted on Tuesday, April 24th, 2018 and is filed under Debt, Divorce, Finances.

Let’s say that when you get married, your spouse has $10,000 in credit card debt. You have some savings built up, so when you get married, you decide to use some of your premarital savings and pay off the debt. This lessens your spouse’s debt load, and of course helps with the budget. The minimum… Read more »