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August 2014 Archives

Field sobriety tests could impact you this weekend

A few weeks ago, we talked about the implied consent law here in Minnesota. Basically what this law means is that if you are legally arrested for driving under the influence, you must give a blood, breath or urine test. You do not have a right to refuse this. We bring this up because with the Labor Day weekend upon us, there will be plenty of people who are dealing with law enforcement over the weekend, and they need to know their rights.

Minnesota-born collaborative divorce makes for amicable divorce

Divorce can seem like a big fight over everything. Children, money, and who gets what seem to be hot topics for people wading their way through divorce proceedings. The court system is designed in a way that forces a couple to divide and conquer their marital property rather than focusing on organizing an amicable parting agreement. Divorce proceedings were given a radical shove towards mediation in the early 90's when a Minnesota lawyer revealed his amicable approach to negotiating divorces.

Man's t-shirt highlights perception issue with DUIs

There are plenty of news stories out there -- whether they deal with serious issues or more mundane topics -- that delve into the "weird." For example, a lot of divorce stories, though they deal with the serious topic of divorce, tend to highlight some over-the-top case or some truly bizarre circumstances.

The Basics of Prenuptial Agreements in Minnesota

After getting engaged, the thoughts on a couple's minds are usually focus on the upcoming wedding or possibly moving in together. Less often does the thought of a prenuptial agreement spring to the forefront of the happy couple's minds. But maybe it should. Given current divorce rates it's best to plan for the future when you are in love and in agreement on most matters.

What factors are considered in the best interests of the child?

When arriving at the best interests of the child in child custody situations, there are several factors the courts look to for guidance to determine what is in the best interests of the child and to, in turn, make child custody determinations. Some parents may be left wondering, then, what factors are considered when the best interests of the child are determined and important child custody decisions are made?

Appeal of breath test refusal falls through for woman

When someone is arrested for driving under the influence, the police will administer breath and blood tests to the individual to ensure they get an appropriate reading of their blood alcohol content. Refusing to take a breath test can lead to serious consequences. In Minnesota, implied consent means you have to take a breath test at some point -- though you do have the right to refuse a preliminary breath test.

Same-sex marriage and divorce boom in Minnesota

One year ago, Minnesota legalized same-sex marriage. The state became the 13th in the nation to allow same-sex couples to get married. In the last year, Minnesota has seen over 3,800 same-sex couples get married. In that time, six more states have joined Minnesota and the other states in recognizing gay marriage, not to mention all of the states now faced with challenges to same-sex marriage bans. Gay couples also now enjoy expanded federal rights as a married couple following a Supreme Court decision last summer.

Poll: Little support for lowering minimum drinking age

According to a recent Gallup poll, only 25 percent of Americans are in favor of lowering the minimum drinking age. A whopping 74 percent of Americans oppose such a notion, even though there are certainly questions about the law's effect on binge drinking amongst younger people.

Hedge-fund owner's divorces involves artwork, business

Each married couple's circumstances and the existence or non-existence of a prenuptial agreement factor into the ease of a divorce. Property division can be relatively straightforward for Minnesota couples who entered into a prenuptial agreement. Fewer assets or less complex assets also make division somewhat simpler. It's when business assets, artwork and numerous residences come into play that the divorce will probably require complex property division.

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