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In this article, you will discover: The definition of an emergency custody situation under Minnesota law. The evidence needed to prove the necessity for emergency custody. What to do if your emergency custody request is denied. What Qualifies As An Emergency Custody Situation Under Minnesota Family Law? An emergency custody situation occurs when a child is literally endangered by being in the care and custody of the other parent. Maybe that parent has issues with mental health, chemical abuse, neglect, or abuse. In that case, an emergency custody motion must be brought before the court to grant custody to the parent who's not endangering the child. What Evidence Is Needed To File For Emergency Custody In Minnesota? The bar for evidence of endangerment is high and fact-dependent. Courts don't like… Read More

In this article, you will discover: Whether it’s advantageous for you to file for divorce first in Minnesota. The documentation your attorney will need to help you file for divorce. The risks of waiting for your spouse to file for divorce first. How Can I Prepare To File First For Divorce? Filing first for divorce depends on the situation. To make a well-informed decision, consider hiring an attorney. While the court provides forms you can fill out yourself, the real issue is that divorce law is complex. It’s even more complicated if you have combined assets and children. Unwinding your relationship can be more complicated than it might seem. For instance, although it may initially seem sensible to divide assets in a certain way, the law may have other ideas.… Read More

In this article, you will discover: Whether your business is considered marital property under Minnesota law. How the value of your business is determined for purposes of the divorce. Whether a prenuptial agreement can protect your business in a Minnesota divorce. Is My Business Considered Marital Property Under Minnesota Law? Your business may or may not be considered marital property. It depends on how the business was run and whether there is value to the business. If there is a marital value to the business, then you can and should get it appraised. In that case, you'll want to be thinking about ways to buy your spouse out of their interest. How Do Minnesota Divorce Courts Determine The Value Of A Private Business? Minnesota courts don’t independently assess the value… Read More

In this article, you will discover: Common divorce challenges faced by first responders in Minnesota. Information that first responders should gather before filing for divorce. How first responder pension benefits are divided in a Minnesota divorce. What Are The Most Common Divorce Challenges For First Responders? The most common divorce challenge for first responders, like most clients, is what happens to their house. Most clients have a home, and their main concerns are who will live there and what they should do about mortgage payments. We offer a monthly workshop for individuals considering divorce, where they meet with a realtor, a mortgage broker and a divorce coach. We call it "Untying the Knot." Attendees always want to know specifically about what will happen with their real estate. With first responders,… Read More

In this article, you will discover: How military deployment impacts divorce proceedings in Minnesota. Whether military personnel overseas can file for divorce in Minnesota. How military pension benefits are divided in a divorce. How Does Active Military Deployment Impact Divorce Proceedings? You shouldn't initiate divorce proceedings when your spouse has been deployed without first notifying them. That's not the preferred method. You need to respect that deployment and ensure our service members are aware of what's coming. That service member deserves to participate in any divorce proceeding. Even if you could proceed in default, it is advisable to avoid doing so. Can Military Members Stationed Overseas File For Divorce In Minnesota? Military members can file in Minnesota from overseas if their domicile is in the state. In other words, if… Read More

In this article, you will discover: The importance of a parenting plan for divorced first responders in Minnesota. Whether a parenting plan for first responders should include emergency or overtime contingencies. How a solid parenting plan can prevent conflict. What Is A Parenting Plan, And Why Is It Important For First Responders? A parenting plan is a day-to-day schedule that lets all parties, parents and children, know who the children will be with and when. One-week-off-one-week-on schedules often work well for older children and teens, where the child spends a week with one parent and the following week with the other. Younger children usually benefit from a split schedule, which allows for varying amounts of time spent with each parent. A parenting plan should also cover parenting time for the… Read More

In this article, you will discover: Why it’s inadvisable to withhold visitation during a custody dispute. Why it’s important to document parenting time in a custody dispute. Why you should never rely on verbal agreements in a custody dispute. Mistake #1: Withholding Visitation What the courts and the legal system look at now is different from the past. At one point, it was considered appropriate for the mother to have most of the visitation and for the father to have only some. Now, it's really 50/50. The courts want both parents to have an equal opportunity to raise that child. Withholding visitation can be something that the court frowns upon. If you're preventing the other parent from spending time with the children, that's going to be a problem, and the… Read More

In this article, you will discover: The role of no-contest clauses in preventing family disputes over estate plans. Whether establishing a trust can reduce family disputes over inheritance. Whether letters of intent are beneficial to estate plans. What Role Does A No-Contest Clause Play In Preventing Disputes? A no-contest clause is a stipulation within the estate planning documents that states if somebody contests this will, they get nothing. Its purpose is to prevent somebody from contesting the document. It's not necessarily enforceable, but it can serve as a warning. Can A Trust Help Reduce Family Conflicts Over Inheritance? A trust can reduce conflict once you execute it. When you draft a trust estate plan and sign it at the execution meeting, you walk out the door with it. From that… Read More

In this article, you will discover: What a personal representative is and does in Minnesota probate. Whether a personal representative can be held liable for mistakes made in probate. How contested wills are handled under Minnesota law. What Is The Role Of A Personal Representative In Minnesota Probate? The personal representative is a fiduciary role, meaning they have a responsibility to somebody besides themselves. In this case, the personal representative has a fiduciary responsibility to the beneficiaries of the estate plan. The personal representative will petition the court, if needed, to administrate the estate of the deceased or “decedent.” They will also gather the assets of the deceased, keeping track of all of them, whether they’re bank accounts, personal property or real estate. Even if assets are outside of Minnesota,… Read More

In today's digital age, our wealth and personal legacies are increasingly tied to online and electronic assets. However, many overlook these when planning their estates. Here, we address crucial considerations for managing digital assets in Minnesota estate planning. Keep reading to learn more about: How digital assets can be managed in estate planning. What can go wrong if you forget to plan for digital assets. Some estate planning solutions for digital assets in Minnesota. What Are Digital Assets In The Eyes Of The Law? Digital assets encompass a broad range of items associated with the internet and electronic storage. These include files stored in the cloud, social media accounts, email accounts, financial assets like cryptocurrency, and even gaming or content creator profiles. The list continues to expand as our digital… Read More