Family Court Judges & Referees

MN Judge

Follow my blog with Bloglovin Family Court Judges and Divorce Proceedings As much as you might have hoped for a relatively amicable, out-of-court resolution to your divorce, sometimes it just doesn’t work out.  Maybe your ex is being stubborn about the division of your property, or maybe there’s a child custody issue.  So if you are headed to court, what can you expect the judge to be like? In Minnesota, there are ten judicial districts.  Your case will go to a family court judge for the judicial district in which you live.  A district can comprise anywhere from 1 to …

Is Facebook Causing Divorces?

Facebook and Divorce

Facebook and Divorce In addition to its effect on many other parts of our daily lives, Facebook now appears to be taking over even our divorces.  Over 30 percent of divorce pleadings now contain the word “Facebook.”  What’s going on here?  Are we so attached to Facebook that we can’t imagine completing a task without it?  (I recently saw an online legal question-and-answer session in which a woman asked whether she could serve her husband with divorce papers via Facebook.  The answer, should you be wondering, is no.)  Or, is our increased use of social media somehow causing divorce? This …

When Do I Start The Divorce?

They Need a Minnesota Divorce Lawyer

When Do I Call A Divorce Lawyer? This is always a tough question to answer because, believe it or not, I’m not happy when people get divorced! Yes, I know I make my living as a divorce attorney and I still have a few student loans that need to be paid, but one of my favorite phone calls is when a client calls and tells me that it looks like they are getting back together and please stop the process.  Because of this, I believe that it must be the client’s choice when they should get divorced, not the lawyers. …

Child Support & Dependency Exemptions

Taxes Can Be Fun?

Who Gets To Claim The Kids After The Divorce? It’s not uncommon for there to be some dispute about who gets to claim the children for tax purposes.  Over the years I have heard many myths about who gets to claim what for taxes, some people think it’s automatically split equally, others say that if you pay child support you get to claim the kids every year, both of these are only partially correct. First, let’s look at the IRS regulations.  The Internal Revenue Code 152(c)(3)(a) says that the custodial parent gets to claim the child unless the parent “affirmatively …

Divorce and Domestic Abuse In Minnesota

Pic o Alleged Perp.

Domestic Abuse and Divorce in Minnesota  By Jason Kohlmeyer Victims of domestic violence have many difficulties on their plate at any given time:  dealing with the physical effects of abuse, seeking help with mental trauma, and finding a positive care situation for children.  Going through a divorce can often exacerbate these issues.  Emotions run high in almost any divorce process, and the increase in tension can make a bad situation worse.  If you are a victim of domestic violence and are considering a divorce, or are already started on the divorce process, here are some things you should keep in …

Fathers Rights Group Push For More Time With Kids

fathers rights with children

Minnesota Father’s Rights group advocates for more time between father and children. The Associated Press recently wrote an article highlighting a movement that has been popping up in various states, including our own Minnesota, which is to increase the presumption of time each parent has with their child. Presumption of Parenting Time It may come as a surprise but if you get divorced or have a child out of wedlock with a person, there is a presumption in Minnesota that one parent will have at least 25% of the parenting time (with the other having, obviously 75%). Side note: a …

10 Minnesota Family Law Questions With Straightforward Answers

Family Law divorce questions

10 Family Law Questions Sometimes you just want the facts, just the facts Ma’am.  And that is what this post, a down and dirty look at some very common questions (I bet I answer at least 4 of these a week on the phone!).  You won’t find any crazy long-winded answers here, just what you need to know. While it may be frustrating to ask your lawyer a series of questions only to hear “it depends” all too often in response, it’s an unavoidable fact of life (and law) that the correct answer frequently IS “it depends.”  And having your lawyer …

Collaborative Divorce In Minnesota

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Collaborative Divorce Procedure – The answer to all your issues? What is divorce? It’s similar to an amputation: you endure it, but there’s less of you. End of a marriage can take a heavy toll on your emotional as well as financial health. Getting separated from your spouse could be a traumatic experience even if you’ve started off with the procedure. Uncertainty about your financial future and repentance regarding your past can leave you feeling lonely and frazzled. Although an important part of your life is coming to an end, you need to stay focused for making the most of your fresh …

Out Of State Custody Decisions In Minnesota

Contracts

The Uniform Child Custody Jurisdiction and Enforcement Act With everyone being more mobile than they were 50 years ago and parents no longer necessarily living in the same area in which they grew up, families often end up in different states following a divorce.  When there are child custody issues involved in the divorce, a situation can arise where a parent has a custody decision from a court in one state that he or she wants to enforce in another state.  Or, one parent may want to commence new custody proceedings in one state, while the other parent feels the …

Why You NEED A Divorce Lawyer in Minnesota

Here he goes again… by Jason Kohlmeyer I have dealt with this topic before and said that unless you are in a very unique situation you need a divorce lawyer.  Yes, yes, I know I am a divorce lawyer, so you may think this is a self-serving statement, but in order to explain why a good divorce lawyer is absolutely essential I want to share a story that occurred recently. Recently, a man came to my office and retained me to “fix” some problems that had occurred over the past few years since he was divorced.  Now, he was divorced …