Same-Sex Marriage Support Gets a Hat Trick: Laws found unconstitutional in Ohio, Utah, and New Mexico

Who Keeps The Rock?

Same-Sex Marriage Support Gets a Hat Trick: Laws found unconstitutional in Ohio, Utah, and New Mexico It was a good week in the courts for supporters of same-sex marriage rights. Over a span of four days, not one but three different courts came down with favorable decisions towards same-sex marriage. Each of the decisions arose from slightly different reasoning, but taken together, they suggest a pretty clear trend for future litigation over same-sex marriage laws. First up, on December 19, was the New Mexico state Supreme Court. The case at issue there was about whether the state’s statutory scheme denying …

Getting Married In Jail?

minnesota bride and groom

It’s your right to get married…even if you’re in jail This could also be called Five Brides Go To Court.  No, it’s not a budget summer movie of dubious quality, it’s a real lawsuit from Missouri.  Missouri (like a lot of states) had a law which required that each applicant for a marriage license sign the application in the presence of the recorder of deeds or their deputy.  That sounds fine, right?  The problem is, it means that one of the license applicants can’t be in prison, since they wouldn’t be able to sign in front of the recorder (County Recorders …

Death Of A Legend: The Kirby Puckett Divorce.

Kirby Puckett

A Look Back at Minnesota Twin Kirby Puckett’s Divorce It was 10 years ago this past month or so so that Minnesota Twins Fans woke up and learned that our favorite little outfielder, the plucky fireplug who was the perfect major league ballplayer, was, perhaps,  not quite so perfect.  Of course, I’m talking about Kirby Puckett and his legal troubles.  Kirby, who needs absolutely no introduction to anyone vaguely familiar with the Minnesota Twins or Major League Baseball, was charged with sexual assault of his past longtime mistress at a dance club in the Minneapolis suburbs (which the stall where …

Child Support: Soviet Style

Picture of Russian child support

Parenting, Soviet-Style–in the U.S. Or, how much money do you really have for child support?   If a married couple in Minnesota gets a divorce and child support is awarded, the amount awarded largely depends on the parties’ incomes.  So, say you’re a soon-to-be ex-husband and the court is awarding child support to your ex-wife.  If you want to minimize your child support obligation, what do you do?  What can you do?  You could always move to Bora Bora and change your name, but that’s not very responsible or ethical.  Perhaps a better and more appropriate way to do this …

Minnesota Adopts Freedom to Marry Law

MN Gov siging gay marriage amendment

by Jason Kohlmeyer Gay Marriage Is Now The Law Of The Land In Minnesota.  On Tuesday, May 14, Governor Dayton signed into law Minnesota’s “Freedom to Marry Act,” making Minnesota the 12th state to permit same-sex marriage.  Minnesota was previously the first state to reject a constitutional amendment which would have defined marriage as being between one man and one woman.  After the defeat of that amendment, lawmakers went to work to enact legislation which would affirmatively allow gay marriages.  The newly-passed law will take effect August 1. What does the new law say? Minnesota law previously stated explicitly that …

Brendan Fraser Broke Due To Alimony?

reduce alimony

Brendan Fraser Broke? It looks like it just might be that America’s favorite frozen caveman, Brendan Fraser, might very well be broke do to his family law situation. According to reports (and yes I’ll be the first to admit that Wetpaint.com does not have the same journalistic chops as NY Times) Mr. Fraser is trying to reduce his alimony and child support payment. Apparently he is paying over $900,000 to his ex-wife and his three sons. It’s was a ten year marriage (from 1998-2008) and if you recall, Mr. Fraser was a darling of Hollywood in the early 2000’s e …

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 …

Child support claims against sperm donors?

Sperm donor lawsuit

Can a sperm donor be forced to pay child support? In a story that made national news, the state of Kansas is seeking to have a sperm donor declared to be the father of a child and to be made financially responsible for the child.  The donation had been made to a lesbian couple’s request on Craigslist for sperm.  Crucially, the man donated a container of sperm directly to the women rather than through a doctor or clinic.  Although both the couple and the man signed an agreement stating that the man would not be liable for child support, this …

Minnesotans Say “No Thanks” To Definition Of Marriage Amendment

Minnesota nixes marriage definition amendment Tuesday’s election made Minnesota the first state to reject a proposed constitutional amendment which would have defined marriage to include only heterosexual couples.  In all other states in which such a constitutional amendment had previously been placed on a ballot, the measure had passed.  What does this mean for Minnesota family law? Minnesota’s constitutional amendment process Minnesota’s process for amending its constitution is relatively straightforward.  First, a majority of votes in both the state House and Senate are required to place the proposed amendment on an election ballot.  Because a simple majority is a low …

Why Most People Don’t Like Divorce Lawyers

I’m nearing my 100th post here at www.MankatoLawBlog.com and thought rather than the traditional (and I’ll admit sometimes a bit boring) answer to common family law questions, I thought I’d write a little different piece, but one that might still be useful to people going through a divorce. With that said, I’ve put together my list of why people don’t like divorce lawyer! (feel free to post comments to add to it!) Divorce is often the low point in a person’s life:  Often times divorce can lead to mental health issues or even suicide.  This means people can be unreasonable …