Minnesota Divorce and Family Law

Recent Posts from Minnesota Divorce and Family Law


  • Paternity Presumptions

    Minnesota law provides for certain paternity presumptions that govern when there is a dispute over paternity. When a child is born to a married woman, the mother's husband is presumed to be the father. When…

  • Grandparent Visitation

    Generally, a grandparent's right to see their minor grandchild is derivative of the child's parent's right to parenting time. That is, the maternal grandparents have access to the child during the mother's parenting time, and…

  • Overnight Parenting Time with Infants and Toddlers

    When parents have disputes about parenting time in cases involving infants or toddlers, the issue of overnights often arises. In 1999, the Minnesota Conference of Chief Judges approved a "Parental Guide for Making Child-Focused Parenting…

  • Birdnesting

    The term birdnesting refers to a custody arrangement in which the children remain in the home, and the parents alternate residence in the home with the children. It requires each parent to have a home…

  • Selling the House in a Bad Market

    One of the dilemmas that divorcing couples are currently faced with in this rough economy is how to deal with the marital homestead. In a depressed real estate market, it is not an optimum time…

  • Child Support - The New Era of Income Shares

    Child support used to be calculated by taking the non-custodial parent's net income, and basing child support on a certain percentage of net income, depending on the number of children being supported. Under the child…

  • Spousal Maintenance Factors

    The Minnesota alimony statute lists factors for the family court to consider in deciding a case of spousal maintenance. However, the statute directs the court to consider "all relevant factors" which may include factors other…

  • Moving Out of State With Minor Children

    One important change in Minnesota law in recent years pertains to changing the state of residence of minor children. Previously, Minnesota was one of a minority of U.S. states to allow a custodial parent to…

  • Joint Custody and Child Support

    Under the Minnesota child support law that has been in effect since 2007, the amount of child support is based on both parents' incomes. There is a guideline table in the statute that provides a…

  • Don't Take (All) the Money and Run

    At the outset of a divorce, should you clean out the joint account? Or should you refrain from cleaning out the joint account, just to see the account cleaned out by your ex? Suppose there…