Posts By Tim Simonson

NON-MARITAL INTERESTS: THE ROAD TO EQUITY IN A DIVORCE

Posted on Tuesday, May 26th, 2020 and is filed under Divorce, Minnesota.

Minnesota divorce law requires that Courts assume all property owned by divorcing spouses is marital; meaning both spouses have an interest in everything they own. Minn. Stat. 518.003,,subd. 3b. And if either spouse wants to prove that property is non-marital, the burden is on that spouse to prove it was acquired independent of the marriage,… Read more »

Paternity; Still a Matter of Biology

Posted on Tuesday, April 14th, 2020 and is filed under Children, Courts, Minnesota, Parents.

In Minnesota, the legal relationship between a child and parent is recognized because there are rights awarded and obligations imposed by that relationship. The State has an interest in not having children abandoned, and having parents able to raise their children. To serve that interest, the State created the ‘parentage act’, (Minn. Stat. § 257.54)… Read more »

Divorce Lessons from Kenny Rogers

Posted on Tuesday, April 7th, 2020 and is filed under Divorce, Kenny Rogers.

If you’re still grieving over the loss of Kenny Rogers, you’re not alone. The Gambler left us with a myriad of soulful ballads set to melodies etched in our hearts; and along the way, left us with some prophetic words to live by…. Knowing not to “count your money, ‘till the dealin’s done” is a… Read more »

Posting Your Kid’s Images on Social Media

Posted on Friday, April 3rd, 2020 and is filed under Children, Minnesota.

Recently, the Minnesota Court of Appeals was asked to consider whether a Family Court judge can prohibit a parent from featuring or mentioning his children in YouTube videos and remove all such videos that had already been posted on his YouTube channel. In Winkowski v. Winkowski, the Minnesota Court of Appeals determined that a Family… Read more »

Even a ‘Slight Adjustment’ to a Parenting Time Schedule Requires a Parent to Meet a Burden of Proof

Posted on Tuesday, December 24th, 2019 and is filed under Children, Courts, Divorce.

In Minnesota, the law says at section 518.175 that a parenting time schedule may be modified if it serves the best interests of the child and doesn’t change the child’s primary residence; this means that changes can be made to a parenting time schedule even without a trial or any proof that the other parent… Read more »

Minnesota Adoption Laws; Timing is Everything.

Posted on Thursday, December 19th, 2019 and is filed under Adoption, Minnesota, Parents.

Minnesota allows a child to be placed for adoption without the consent of the natural father, unless that father acts fast in getting a legal action started. A sad illustration of this point came to light recently in Lyon County, where a mother placed her child for adoption and as required by law, notified the… Read more »

Lessons in Child Support from Lord of the Dance

Posted on Tuesday, May 14th, 2019 and is filed under Child Support, Divorce.

The internationally-acclaimed step dance production, Lord of the Dance, pushed boundaries in ways unimagined before Michael Flatley and his brilliantly-choreographed stories brought to life through step-dance; catapulting step-dance shows to broader appeal, from theaters to stadiums and arenas and beyond.  I posit that our Supreme Court proved itself Michael Flatley’s equal (in jurist terms) when… Read more »

Physical Discipline or Domestic Abuse?

Posted on Tuesday, March 19th, 2019 and is filed under Domestic Abuse, Minnesota.

I hope this is not a distinction we need to spend a lot of time worrying about; either way someone’s getting hit, and unless we’re talking about contact sports or self-preservation, physical violence is generally not a productive way for humans to communicate. When it comes to parenting, Minnesota Courts have allowed for some leeway… Read more »