Categorized: Minnesota

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

Posted on Tuesday, May 26th, 2020 by Tim Simonson 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 by Tim Simonson 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 »

Posting Your Kid’s Images on Social Media

Posted on Friday, April 3rd, 2020 by Tim Simonson 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 »

Minnesota Adoption Laws; Timing is Everything.

Posted on Thursday, December 19th, 2019 by Tim Simonson 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 »

Just what is an Irretrievable Breakdown?

Posted on Monday, October 14th, 2019 by Marc Beyer and is filed under Divorce, Minnesota.

A local politician was in the news recently because she filed for divorce. In breaking the news, one of the headlines read “In a petition filed in Hennepin County, [politician] cites “irretrievable breakdown’ of her marriage…” as if these words provided insight to the reasons for the divorce. In reality, every divorce petition filed in… Read more »

Are Lottery Winnings Split with an Ex-Spouse?

Posted on Saturday, June 22nd, 2019 by Marc Beyer and is filed under Divorce, Finances, Life, Minnesota.

A man from Michigan made the news recently when he was ordered to share his $80 million lottery jackpot with his ex-wife. That’s what all the headlines said anyway. But the headlines were misleading. The man filed for divorce in 2011 (when the parties physically separated), won the jackpot in 2013, but the divorce wasn’t… Read more »

Physical Discipline or Domestic Abuse?

Posted on Tuesday, March 19th, 2019 by Tim Simonson 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 »

ENFORCING SPOUSAL MAINTENANCE AND CHILD SUPPORT FROM ANOTHER STATE

Posted on Tuesday, October 30th, 2018 by Tim Simonson and is filed under Courts, Divorce, Minnesota, Spousal Maintenance.

Minnesota courts recognize that not all Minnesota divorced residents became divorced by a Minnesota court.  Many people who move to this State, became divorced by the courts of another State, and, are bound by the terms of that State court’s Order.   So how does this affect somebody who needs help enforcing their out-of-state Order? Do they… Read more »