Joseph M. Flanders councils divorce clients to participate in uncontested divorces, collaborative divorces, mediation, and alternative dispute resolution (ADR) in all cases. It’s very rare that he will counsel clients to attend court or to ask the judge for relief. This is because the court system tends to be cumbersome, slow, unresponsive, and unable to…
In every Minnesota probate administration, the personal representative (executor) must file an Inventory with the court and send the same to all “interested parties”. Inventory and Minnesota Probate Law Minnesota law tells us that within six months after the appointment of the personal representative, or nine months after the death of the decedent, whichever comes…
If you have children and are preparing for a Minnesota divorce, you’ve likely wondered about child support at one point or another. The issue of child support can be confusing, especially for those who have never gone through the process before. Worries about custody fights and stress over money can make the ordeal that much…
It’s something no one hopes to have happen, but the reality is that a surprising number of parents in Minnesota fall behind on child support payments at some point. While one missed payment won’t lead to something as serious as wage garnishment, those who fall farther behind may have reason to worry. To find out…
This post will discuss jurisdiction issues in Minnesota family law. In Minnesota, like many other states, there is a law called the Uniform Child Custody Jurisdiction Act (UCCJEA). The UCCJEA and Jurisdiction in Minnesota The UCCJEA is a federal law that has been, almost uniformly, adopted by every state in the United States. The law governs what…
How do courts decide child custody in a Minnesota divorce? The standard for determining child custody in a Minnesota divorce is based on the “best interests” of the child standard. Minnesota child custody law | the “best interest” standard The law in Minnesota provides that the “best interest of the child” standard is many factored and no…
Although most people are not aware of it Minnesota law grants sole legal and physical custody to the mother of children who were born-out-of-wedlock. This means that fathers who have children with a woman they are not married to have inferior legal rights to their children because they are not married. This is often very difficult information for…
The Minnesota courts have almost purely mathematical calculation for establishing child support. Number one is that the courts takes into account gross income about the mother and the father. Gross income is based on W-2s, tax returns, or other evidence of gross yearly income. The court will sometimes take into account the last five years of gross…
