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August 2015 Archives

How do Minnesota courts define marital property?

For many Minnesota spouses going through the divorce process, getting a fair result in the property division phase is a critical objective. In Minnesota, courts divide all of a divorcing couple's assets into marital and non-marital property. Marital property is subject to equitable division; non-marital property is not. Minnesota statutes define marital property as any property acquired by either spouse during the time the parties were married, unless a party can prove it is non-marital property.

Driver's behavior was not suspicious enough (pt. 1)

When a police officer or Minnesota Highway Patrol trooper is driving along a street or highway, they are not permitted to stop anyone to check an see if they are committing a crime. Because of the Fourth Amendment to the U.S. Constitution and Article 1, Section 10 the Minnesota Constitution, the people of the state are protected from unreasonable searches and seizures.

Prenuptial agreement may ease divorce for Darryl Hall and wife

Music fans in the Twin Cities who are old enough to remember Hall and Oates, who had a string of hits in the late 70s and early 80s, may be surprised to hear that the duo is back together and touring the United States this summer. Unfortunately, Darryl Hall's marriage has not proven as durable as his musical partnership with John Oates. Hall's wife, Amanda Hall, has filed for divorce.

Understanding child custody in Minnesota

In general, Minnesota law provides for two types of child custody. Minnesota recognizes two types of child custody, including legal custody and physical custody. Legal custody includes the right to make decisions concerning how to raise the child. Important decisions can include decisions related to the education, health care and religious training of the child. Physical custody includes the right to makes decisions concerning where the child lives and the daily activities of the child.

Accuracy of DWI field sobriety tests dependent on training

The best way to avoid a DWI in Minnesota is to never drink alcohol. Of course, this won't guarantee that you are never stopped by the police and charged with a DWI. Other factors could create the impression with a law enforcement officer that you are intoxicated or impaired, including fatigue or the use of over-the-counter or prescription medication, or other drugs.

Petitioning for a modification in child support

In a divorce when children are involved, the courts will decide which Minnesota parent will pay child support and how much. This order will stay in place unless either parent requests a modification. A modification to the monthly payment can only be approved if a parent or child experiences a significant change in living or financial circumstances. We have experience helping numerous parents with these types of situations.

Does Minnesota have mandatory minimum sentences for DWI?

Short answer: yes. Minnesota law calls for mandatory minimum sentences in specific situations involving drunk driving charges. But with proper legal representation, it may be possible to significantly reduce the negative consequences.

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