What Is ADR Really?

ADR lowers cost

What is ADR really? ADR, or Alternative Dispute Resolution, is an extremely effective way to settle a case out of court, and save on time and money.  The question becomes, is it right for your case?  ADR includes multiple types, such as mediation, arbitration, and neutral evaluation, and depending on the facts of your case, each type has its own merits. Which form of ADR is best? The truth is that none of the “types” of ADR are the best, as each type is uniquely fitted for different situations.  For example, in mediation, an unbiased person is hired as a …

Question: Does Physical Abuse Matter When Determining Custody?

Question: Does Physical Abuse Matter When Determining Custody

YouTube So… does abuse really matter when it comes to determining custody in the state of Minnesota? The short answer is yes, it does, however, the type of abuse also matters and I prompt that statement with the question: “What is abuse?” There have been a multitude of times when people will say that they are “mentally abused” or “emotionally abused” by their significant other, which is very very sad, but it is also not something the law provides for. I do not say this to dismiss the significance, or the pain oftentimes associated with such households, but rather to …

Question: How Much Does A Divorce Cost?

Question: How Much Does A Divorce Cost?

YouTube   This question, submitted by Alex in Mankato, is “How much does a divorce cost?” So how much does a divorce cost?  In the video I use a vehicle metaphor and the truth is, it is probably one of the more accurate ways to talk about divorce since there are so many variables involved, whether it’s property, custody, spousal support, or everything and anything in between. While it might be true that a lawyer can “quote” you a price for a divorce, it simply isn’t consistent case to case and the range, as I pointed out, is “big”.  The …

Question: Do Mother’s Always Win Custody Of The Kids?

Question: Do Mother’s Always Win Custody Of Their Kids?

YouTube   This question, brought to us by Abigail from Wells, Minnesota, is answered by Jason Kohlmeyer, of Rosengren Kohlmeyer. In the state of Minnesota, there is no presumption that mothers or fathers receive any special rights as far as custody of the children goes. However, the law does favor the parent or spouse that is the majority care provider, and the reality in our current day and age, is that mothers are typically the parent or spouse that goes shopping with the kids, takes care of their school lunches, or handles the medial and educational meetings for their children. …

Can I Lock My Spouse Out Of The House?

Can I Lock My Spouse Out Of The House?

Question: Can I lock my spouse out of the house? Can you lock your spouse out of the house?  If you purchased the property together the simple answer is no.  The truth is that your spouse would have every right to kick down the door, as it is half their door, although this could be a crime, depending on the situation. Now, you may ask, “Yes, but can’t I just lock them out anyway?”  Well the short answer is, of course you can, but to do so would be unlawful, as it is every bit as much their property as …

Time For A Change: How To Move When You Have Custody

Children are often the one's most hurt.

Introduction How did moving become so complicated the older we got?  In our early 20s we moved by packing up a few bags and shoving any straggler items into the back of the car.  In our early 30s we moved by filling up a UHaul, but at least it only took one trip.  Now, well…it’s not so simple, and when the parent who’s moving has custody of the kids, it gets even more complex. Out-of-State Moves When parents split up in Minnesota, physical custody gets determined according to a parenting plan.  So while one parent might have full-time physical custody …

So We’re Getting A Divorce: What Happens Now?

Divorce Question

So We’re Getting a Divorce: What Happens Now? Part One First, getting a divorce in Minnesota is called a “Dissolution of Marriage”, or more commonly known simply as a “dissolution”, and it is a process that can take several months before it’s finalized. Revenge Gets You Nowhere A lot of people believe that the reason for their marriage’s dissolution will somehow help them in court and while this may be true in some cases, most of the time Judges do not concern themselves with it and will never allow themselves to be used as a tool of revenge for punishing …

What Does A Divorce Lawyer Do For You?

Picture of Two Lawyers

What does a Divorce lawyer really do for you? I had an interesting conversation a few weeks ago with a good friend  who didn’t understand why people need divorce lawyers, he thought the whole system was pretty self-explanatory, you fill out some form and presto-chango you’re divorced.  He questioned how a couple people in suites, who don’ t know either party, could help during a divorce.  It’s a fair question I guess and since I’ve been blogging here for about 4 years and there are a few blog post that I notice  are the most read even after being a …

New vs. Old Divorce Lawyers

Old man

Does The Age Of My Divorce Lawyer Matter? So, you ‘re calling around trying to find the right divorce lawyer. Do you go with the brand new lawyer who is dirt cheap? The Mid-Career lawyer? or the old seasoned veteran who everyone knows and is expensive? Well, it depends on your case (and the lawyer) In my opinion and it is just that, my opinion, I’ve put together which clients should hire which lawyers: New Lawyer:  (less than 5 years Experience) A new lawyer can be the next Clarence Darrow or he or she can be the next lawyer disbarred, …

Holidy Custody Battles

Picture of Happily Divorced family

Keeping the Peace: Holiday Custody Battles 101 A child custody proceeding can be a lengthy affair even when the parties involved are relatively amicable towards each other.  When they’re not so amicable, “lengthy” can quickly extend to a “War and Peace” level.  And it’s not just the official legal proceedings that can drag on and on; once the court orders are made, there’s still the process of getting both you and your ex to go along with the new custody and visitation routine that has been decided on. This routine often goes in for an extra layer of contention around …