Eric C. Nelson, Attorney at Law

Articles

Modification of Physical Custody in Minnesota

Category: Divorce and Children, Minnesota

A Court may not change physical custody from one parent to the other unless the change is in the best interests of the child.1

Furthermore, even if the change of custody is in the best interests of the child, the Court cannot order a change of custody unless:

a) both parties agree to the change; OR

b) the child has been integrated into the family of the non-c

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Should I Move Out of the Family Home?

Category: Before and after divorce, Minnesota

Will Moving Out of the Family Home Impact my Divorce?

If you’re going through a divorce in Minnesota, you may be wondering whether you should move out of the family home before, or during, your divorce case. The answer is it depends.

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Spousal Maintenance in Minnesota

Category: Family Support, Minnesota

Initial Spousal Maintenance Awards

Spousal maintenance awards can be difficult to predict, because there are no Guidelines, as with child support, and both the amount and duration of an award of spousal maintenance are within the broad discretion of the trial court.

Essentially, an award of spousal maintenance requires three showings:

1.

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The Standard for Determining Physical Custody in Minnesota

Category: Divorce and Children, Minnesota

As in many areas of family law, the standard applied by the Court in making an initial award of physical custody is the so-called "best interest of the child" standard. This standard requires findings by the Court with respect to all relevant factors, including the following factors enumerated by statute.1 NO SINGLE FACTOR IS CONTROLLING:

1.

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Property and Debt Allocation in Minnesota Divorce

Category: Credit and debt, Minnesota

Marital Property

In Minnesota, all property acquired during the marriage by either party is presumed to be marital property.1 This means that earnings and property acquired by either spouse are viewed as joint property.

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Property and Debt Allocation in Minnesota Divorce

Category: Credit and debt, Minnesota

I. Marital Property.

In Minnesota, all property acquired during the marriage by either party is presumed to be marital property. This means that earnings and property acquired by either spouse are viewed as joint property.

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