Blog

Inconvenient Forum

Posted on Tuesday, June 20th, 2017 by Marc Beyer and is filed under Divorce, Minnesota.

I recently blogged about the 180 Day Rule and how you (or your spouse) must live in Minnesota for 180 days before you can file for divorce here. But, what happens when you are divorced in Minnesota, but then you and/or your spouse move out-of- state after the divorce? If only one or neither of… Read more »

Tough Love

Posted on Tuesday, June 13th, 2017 by Marc Beyer and is filed under Divorce, Life, Process.

As the party to a divorce case, you see the world through a different lens than I do. Your perspective is necessarily clouded by emotion and the daily grind of living through the divorce process. I have a more detached perspective, and am better able to see your case for what it is. I am… Read more »

The 180 Day Rule and Jurisdiction

Posted on Tuesday, May 23rd, 2017 by Marc Beyer and is filed under Divorce, Minnesota, Process.

Almost every state has a requirement that you must live in that state for a certain amount of time before you can file for a divorce there. Minnesota is no different. In Minnesota, the law provides that one or both of the parties must have resided in the state for “not less than 180 days… Read more »

What can I get out of it? Splitting Joint Property Interests Between Unmarried Cohabitants

Posted on Tuesday, May 16th, 2017 by Tim Simonson and is filed under Minnesota, Property.

Just like married couples, unmarried couples who live together still acquire stuff together (furniture, jewelry, vehicles, and real estate), and when they (hopefully never) split up, they still need to figure out who gets what.  When married people split up, we call that a divorce.  But Minnesota doesn’t recognize common law marriage and so unmarried… Read more »

Using the Court’s Contempt Powers to Enforce a Child Support Order

Posted on Tuesday, May 9th, 2017 by Tim Simonson and is filed under Child Support, Children, Divorce, Minnesota.

I sometimes get asked what can be done about a parent who isn’t paying child support. It can be frustrating because there are sometimes different factors that explain why a parent is not keeping up with his/her duty to contribute to their’s food, clothing, and shelter. Sometimes this includes: The parent changed jobs and the… Read more »

Prenuptial Agreements – Not Always Enforceable

Posted on Tuesday, April 25th, 2017 by Tim Simonson and is filed under Divorce, Lawyer, Marriage, Minnesota, Prenuptial Agreement.

If you’re reading this blog, it’s probably because you’re related to me and doing it out of obligation (thanks, Mom). Or, it might be because you’re looking for information about prenuptial agreements. Either way, thanks for reading! This one is about a prenuptial agreement that the Minnesota Supreme Court recently determined was not enforceable because… Read more »

To File or Not to File?

Posted on Tuesday, April 18th, 2017 by Marc Beyer and is filed under Divorce, Marriage, Minnesota.

In Minnesota, a divorce case commences when the Petitioner serves the Summons and Petition for Marital Dissolution (and usually some other documents, too) upon the Respondent. The law requires that these documents be “personally” served (and not by the Petitioner). In other words, the documents are physically handed to the Respondent, usually by a private… Read more »

Who Claims The Kids? The Riddle of Claiming Tax Dependency Exemption

Posted on Tuesday, April 11th, 2017 by Tim Simonson and is filed under Children, Divorce, Finances, Marriage, Minnesota, Taxes.

If you’re a parent, and you’ve filed taxes, you’re probably aware that the US tax code permits a taxpayer to claim an exemption for each of his or her dependents. 26 U.S.C. § 151. And, if you are a divorced or separated parent, you may know that if you who had the kids living with… Read more »

FATHER’S RIGHTS IN DETERMINING A CHILD’S NAME

Posted on Tuesday, April 4th, 2017 by Tim Simonson and is filed under Children, Divorce.

I sometimes get asked by mothers whether they can change their child’s name, without the permission of the father. It’s a fair question; why should the child not have the same name as her/his mother? Especially if the child lives primarily, or sometimes exclusively, with mom? The law gives rights to parents to raise children… Read more »