In a 20-page opinion the Minnesota Court of Appeals reversed an Order made by Hennepin County Referee Kevin McGrath that previously had granted an “unprecedented” amount of parenting time of a grandchild to the grandmother. In 2009 Brittany Givens-Copeland, 24, was strangled by a former boyfriend. Her son was only 4 months old at the [...]

A recent decision by the United States Supreme Court found that when a custodial parent brings an action for contempt for nonpayment of child support, the state is not required to provide counsel for the noncustodial parent. The state must have procedural safeguards in place to protect the contemnor’s due process rights, including the following: [...]

There has been much talk of the government shutdown in the state of Minnesota, scheduled for July 1 if the legislators and governor are unable to reach an agreement on the budget. As of now, an agreement does not seem promising, and both sides are taking further steps to protect programs during the shutdown. Both [...]

If you have ever practiced in Dakota County, you know that the judicial officers are assigned to a matter at the last minute and that the judicial officer will probably change with each court appearance. I had a contested divorce involving custody in Dakota County and due to the complex fact pattern I wanted to [...]

I read an interesting article on MPR news regarding the increased efficiency with the new electronic filing system. This article focused on the benefits in the criminal system, including having the same information entered into databases across departments and being able to electronically sign criminal complaints. These benefits carry to other areas of law too. [...]

In many child custody cases, there comes a point where one party wants to modify the custodial arrangement already in place.  This can be for legal custody, the right to make big decisions regarding your child, or physical custody, where your child resides on a daily basis.  Modifying either kind of custody is controlled by [...]

What Happens if I’ve Filed for Divorce and Changed My Mind?

December 3, 2010

It does happen where divorce cases are carrying on, sometimes very contentious, and the parties decide to reconcile and try to work things out.  What happens at that point?  Are you able to just pretend as though the legal battle hasn’t happened? If you are in the middle of a court battle and both parties [...]

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Can I Get Divorced in Minnesota If I Do Not Know Where My Spouse Is?

November 9, 2010

Sometimes the case comes up where a couple has been separated for years and a spouse seeking a divorce has no idea where the other spouse is.  How does the court handle this situation? In Minnesota, if one spouse claims irreconcilable differences and that the marriage cannot be saved, the court will grant a divorce—you [...]

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How Can My Spouse’s Dishonesty Affect My Divorce in Minnesota?

October 25, 2010

There are many reasons why spouses decide to go their separate ways, but it is far from uncommon that one of the reasons is often dishonesty of one of the spouses.  The most common ways dishonesty makes its way into a divorce discussion is in the form of lying about finances or having an extramarital [...]

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What is the Likelihood of Receiving Spousal Maintenance in Minnesota Divorce?

October 15, 2010

In marriage and divorce, often both parties are not on completely equal levels regarding their respective income.  This often results in the parties leaving the marriage with different standards of living and disposable income. Spousal maintenance, or alimony, is not as common as it once was in Minnesota divorces.  Minnesota law defines who qualifies to [...]

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