Child Custody – Visitation Schedule

In a custody case, both physical custody and legal custody must be agreed upon or determined by a judge. Legal custody specifies which parent, or both parents if joint legal custody, has the right to  make important decisions for the child(ren) including education,...

Affairs and Divorce

Minnesota is a no fault state, which means that a party can ask for divorce without any specific reason other than irretrievable breakdown of marriage. However, being a no fault state also means that having an affair is not typically considered in the issues reviewed...

Best Interest of the Child

Custody arrangements should be arranged based on the best interest of the child. If parents cannot negotiate a custody settlement agreement outside of court, the court will review the facts of the case and look at specific factors in their evaluation. Those factors...

What debt will I have after divorce?

When looking at divorce, many people are concerned with how assets will be divided post-divorce, but another item of concern is how the parties’ debts will be divided post-divorce. Any amount of money you and your spouse owe could be subject to division when...

Attempt to Withdraw from Property Settlement Agreement

In an unpublished opinion filed December 2, 2019 (Jacob Kanake M’mujuri v. Beatrice Kamathi Kanake, A19-0148), the Minnesota Court of Appeals affirmed the district court’s decision to deny the Appellant’s motion to withdraw from a property settlement...

Children’s Preferences for Custody Arrangements

The Minnesota Court of Appeals reversed and remanded part of a district court’s case involving modifying child custody on September 3, 2019 in the case of Adam C. Steele, Appellant vs Sarah M. Held, Respondent. The Appellant had filed a responsive motion with the...