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Tag: ‘Family Law’

Lien In: The Use and Abuse of Marital Liens

The Great Recession of the past five years shed harsh light on the limitations of marital liens when certain liens became worthless as home equity vanished. Learning from that experience can help practitioners draft, perfect, and enforce marital liens, helping ensure that the equitable intent of the liens is realized.  For years, the marital lien […]

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Collecting Child Support & Maintenance: A New Role for QDROs

A tool more typically employed for transferring retirement assets has potential for the collection of past-due child support and spousal maintenance.  While QDROs must be handled with care and may contain traps for the unwary, they can be an effective tool for ensuring payment. Nearly every attorney who practices in family court has at least […]

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Death During Divorce

Divorce is stressful and not usually fatal, but when a spouse dies in the course of a divorce, the outcome for the surviving spouse depends heavily on the timing and circumstances of the other’s demise. An old adage is that you cannot divorce a dead person. However, death of a spouse does not necessarily serve […]

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International Parental Child Abduction: Essential Principles of The Hague Convention

With the increasing globalization of business and human mobility, claims of abduction of children across international boundaries are becoming more common in our courts and those of other nations.  The Hague Convention sets basic guidelines for determining in which country competing parental claims should be heard and timelines for action are tight. This scenario is […]

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Divorce Mediation: The Importance of Client Preparation

Mediation can be a very effective means for resolving disputes in a marriage dissolution but its effectiveness often depends on how well-prepared the clients are for the questions and outcomes they may encounter in the process. Mediation is often seen as a primary fixture, or stepping stone, in the family litigation process. Regardless of the […]

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Issues in Joint Custody & Shared Parenting: Lessons from Australia

Separating parents often want to share physical custody of their children and these disputes can be fraught with high conflict.  Australia’s and other jurisdictions’ recent experience setting guidelines for shared custody is cautionary as regards enacting a legislative presumption of joint physical custody and instructive in identifying issues that should be addressed. The long-term, hotly […]

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Finding “Lost” Money: Five Creative Techniques for Proving a Party’s True Income in Litigation

Believe it or not, some people are not always very honest when it comes to full disclosure of their income.  Sure, ascertaining the opposing party’s income is easy when they are a salaried employee who receives a W-2 at the end of the year.  But what about the owner of Joe’s Custom Basket Weaving?  Or […]

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Domestic Violence Comes to Work: The Need for a Work-Related Response

Reforms in both criminal and family law over the last 30 years have heightened protection for victims of domestic violence. More recently, an awareness of the effect of domestic violence on the workplace has emerged, and legislatures have responded with an assortment of employment-related reforms. Employers need to be aware of these legal developments and consider […]

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Collaborative Law: Not Just for Family Lawyers

Originating in Minnesota nearly 20 years ago, collaborative law has grown from its origins in family law practice and taken root in other professions as well as other areas of law practice throughout the world.  A uniform act now before the Minnesota Legislature would establish statutory guidelines for the collaborative process.

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Screening for Domestic Abuse: What You Don’t See, May Be What You Get

Thirty years after Minnesota broke new ground with the Domestic Abuse Act, experience has shown how widespread is the problem, how readily it is overlooked, and how many are the issues it affects.  Attorneys across the profession are well-advised to screen for domestic abuse, for their own sake as well as their clients’. This year marks […]

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