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Minnesota Legal Articles

Law related articles writen by lawyers
and experts witnesses practicing in Minnesota

Financing a Purchase When a Conventional Mortgage Is Not an Option

Alternative Financing Methods in a Slow Real Estate Market.

The Attorney's Role in the Purchase of Investment Real Estate

Purchasing commercial or investment properties is a complicated process that begins with your evaluation of which property is right for you.

Title Registration: Reasons to Register Title to Your Property

Most homeowners and owners of real estate have seen an abstract of title.

5 Reasons to Form an LLC

There are many reasons to form an LLC for your business venture. Here are five.

Commercial Landords May Be Liable for Tenant Improvements If Not Disclaimed

Tenant improvements are not uncommon in a commercial situation. In Minnesota, the rules relating to mechanics liens for improvements apply to situations where commercial tenants make improvements to their rental units. As a landlord, precautions should be taken to make sure these liens do not attach to your property.

Cancellations of Residential Purchase Agreements in Minnesota

When parties agree, cancellation of a purchase agreement can seem simple. However, when one party or the other is unwilling to cancel home buyers, home sellers, and their Realtors can be frustrated with the process. In the last several years, new statutes have been passed to make it easier for parties to resolve cancellation and earnest money issues.

Financial Infidelity and Divorce

From incompatibility to infidelity, there are different reasons that couples decide to divorce. For many, however, money troubles appear to be the root cause of the couples’ problems.

More Parents Staying in Touch with Virtual Visitation

Divorce can be an emotional experience for both spouses. For children, it can be one of the most difficult periods in their life. When one parent moves away from the other and children are involved, however, the process becomes even more complex.

Understanding Minnesota Child Support Law

The author talks about the factors that Minnesota Family Law Courts take into consideration when reviewing child support.

Minnesota Divorce: Can't We Just Agree?

A discussion from a Minnesota divorce attorney about issues surrounding "extra-judicial agreements" and the ability of parents to agree to family law issues outside of the Courts, especially pertaining to minor children.

Basic Estate Planning Tools that Every Person Should Know about

Most people will, or should, have a will drafted at some point during their life. If you have picked a competent attorney to draft your will, chances are he or she will also discuss a health care directive and durable power of attorney. These three documents are the basic estate documents that everyone should consider.

Minnesota Is a No Fault Divorce Explained

Divorce law differs from state to state. Some states recognize “fault” divorce, and some offer “no fault” divorce. In states at that permit at-fault divorces, one party must prove the grounds for divorce, such as adultery, cruelty, abandonment, etc.

Later-in-Life Divorce or "Gray Divorce" in Minnesota

Later-in-life divorces in Minnesota typically involve financial considerations that require an experienced divorce lawyer. The author discusses those financial considerations.

What Is an Expungement, and Do I Qualify for One?

An expungement is the sealing of all records or, in some cases, the return of records that one may have as a result of having been arrested or charged with a crime. In this article, the author explains expungements.

Spousal Maintenance in Minnesota

Spousal maintenance, perhaps better known as "alimony" or "spousal support," is sometimes awarded as part of a divorce decree or legal separation agreement.

Minnesota Nonmarital Property: What Is Mine Is Mine Till Death Do Us Part

Gone are the traditional days when getting married meant automatically commingling all money in a common bank account and putting both names jointly on every property title.

Representing the Dependent Spouse in Tough Economic Times

Ask any Family Law attorney and they will tell you that collecting legal fees is high on the list of the stressors in the practice of Family Law. In the past year, the situation has gotten much worse with home values falling and retirement accounts losing, on average, more than a third of their value.

Minnesota Family Business Valuation in Divorce: More Art than Science

When divorcing spouses cannot agree on how to divide their property, Minnesota law requires the court to do so fairly and equitably. But when the major asset is the family business — often a closely held corporation running a retail, service or professional enterprise — assigning a realistic, reasonable value to such a unique enterprise can be daunting.

"Marriage on the Brink" Bill Is a Waste of Time

The Family Justice Center in downtown Minneapolis handles more than 3000 cases each year. With most of these cases being divorces, a study surveying nearly 2500 couples by the University of Minnesota found that about one-third of divorcees are ambivalent about dissolving their marriages.

What Is the Penalty for a 1st, 2nd or 3rd-Degree Felony Possession of a Controlled Substance?

The author discusses what the penalty is for a 1st, 2nd, or 3rd degree felony possession of a controlled substance.

Recent Unemployment and Minnesota Child Support

The author talks about the effect of unemployment on child support.

Minnesota Business Owners and Divorce

The authors discuss the special considerations business owners need to be aware of when considering a divorce.

Early Neutral Evaluation Pilot Programs Showing Great Promise in Minnesota

Minnesota is leading the nation in proving adversarial court proceedings are not always the best option for deciding the most contentious issues in a divorce. In fact, sometimes the best way to resolve emotionally taxing issues like child custody, parenting time and spousal support is by giving the divorcing couples the opportunity to resolve these issues themselves, and to do so early in the process. With a little help, of course.

What Rights Do Noncustodial Parents Have in Minnesota?

Bristol Palin, daughter of former Alaska governor Sarah Palin, recently sued her ex-boyfriend Levi Johnston for more child support money. Johnston, the father of their 1-year-old child, is more than $18,000 behind on child support payments, according to the complaint.

Interference with Parenting Time

In Minnesota, interference with parenting time can be combatted through civil and criminal proceedings. Where interference occurs, swift action is often well advised.

Fighting Parental Alienation

Parental Alienation involves disturbiung behaviors that seek to limit another parent's contact with their children. Combatting such conduct requires immediate action.

Orders for Protection (OFP) and Their Defense in Minnesota

An Order for Protection may have a significant and long lasting impact. As a result, an aggressive defense is necessary. Review this guide for details.

White Collar Crimes Carry Big Sentences

Minneapolis criminal defense attorney Carolyn Agin Schmidt discusses how serious white-collar crime is and the big sentences these crimes can carry...

Recent Tragedies to Bring Increased Enforcement of Driving Laws

In the span of the four days at the end of April seven young people lost their lives in traffic accidents.

GM Bankruptcy May Impact Victims’ Rights

Where there once was Chrysler and General Motors, there is now “Old Chrysler” and “New Chrysler,” “Old GM” and “New GM.”

Claims on Wheels - An Overview of Filing a Motorcycle Accident Insurance Claim

Get the most from your motorcycle insurance by knowing your insurance policy coverage and limits and your rights and obligations under state law.

Utilizing Mediation and Collaborative Law in Divorce

There are alternative ways to resolve divorce disputes without the need for prolonged, costly litigation. For people seeking a more amicable, less expensive and more expeditious way to resolve differences in a divorce, mediation and collaborative law might be an approach to consider.

Minnesota: Chips Petition - Social Services

"Chips," as it is called, stands for a Child in Need of Help or Protection. It is codified under Minnesota Statutes Chapter 260C. Such cases can be initiated by the county or an individual and may result in the removal of a child from the family home. As a result, aggressive representation is necessary.

Minnesota: Juvenile Offenses & Their Impact

All too often juvenile offense are treated by parents as if they do not matter and hey will automatically be sealed when the juvenile becomes an adult. That is not always the case. As a result, aggressive representation is critical in such cases.

Minnesota: Terminating Parental Rights (TPR)

A Termination of Parental Rights may be voluntary or involuntary. All too often parents are pressured into relinquishing their rights based on allegations of abuse, neglect or abandonment. The consequences are significant and long lasting. A parent should never enter into such proceedings unrepresented. The result is often final.

Minnesota DWI Law & Its Defense

Minnesota's DWI laws are some of the harshest in the nation. Contrary to popular opinion, however, there are defenses and significant challenges available. Some of the defense do not become apparent until discovery is performed at the highest level to acquire all evidence that may be available. Before you sacrifice your future consult withan aggressive and experienced professional.

Minnesota: Foreclosure Avoidance and the Options

In this time of economic crisis where home values have plummeted, often real estate owners are faced with the ugly specter of foreclosure proceedings. It is important to note that there are options to save your home and/or preserve your credit rating. Review this report.

Minnesota's Implied Consent Attorneys and Lawyers

Under Minnesota's laws, the consequences of a test refusal when faced with a DWI arrest can be significant. The result can impact licenses, plate impoundments and even result in vehicle forfeitures. Review this summary on the law and its defense.

Criminal Charges for Methampehatimines & Their Defense

Minnesota has some of the most sever penalties for drug possession in the nation. That particularly applies to possession and sale of Methamphetamines. You shouold have an experienced and aggressive attorney when faced with such life alterring charges.

Minnesota's Tribal Courts and Family Law

Tribal courts are a similar, but different species,. To understand the laws and the process requires an experienced practioner. Review this article onthe tribal courts in Minnesota.

Minnesota: Interference with Parenting Time

All too often court orders are ignored. Parenting time orders are modified without consent. What is a parent to do? You do have options. Review this article on remediies to intereference with Parenting time.

Minnesota's Felony Assault by Strangulation

Domestic assault is a hot topic in today's legal community. With the sensitivity to domestic assault allegations, all to often there is a rush to Judgment. That is particularly true where new criminal offenses are created year after year and penalties are increased.

Winning DWI: Challenging the Urine Test

There are challenges to DWI charges. All too often, driver's charged feel they have no choice but to take a plea. Consulting with experienced and aggressive counsel can preserve your record.

Can’t Buy Me Love – Overcoming the Sham Marriage Visa Denial

Permanent Residence Through Marriage

Recent Changes to Religious Worker Visa Processing

R-1s and I-360 Special Immigrant Religious Workers

Social Security: Documenting your Medical Condition and Impairment

Under both the Title II and Title XVI programs, medical evidence is the cornerstone for the determination of disability. Each person who files a disability claim is responsible for providing medical evidence showing that he or she has an impairment(s) and how severe the impairment(s) may be.

Social Security Disability - Use of Medical Experts

Health professionals play a vital role in the disability determination process and participate in the process in a variety of ways.

How is the Attorney Paid in a Social Security Disability Case?

Attorneys who represent Social Security disability claimants generally do so under a “contingency fee agreement.” That is, the client does not pay the attorney unless and until the case is resolved and Social Security benefits have been awarded.

Social Security Impairments

The Listing of Impairments describes, for each major body system, impairments that are considered severe enough to prevent a person from doing any gainful activity (or in the case of children under age 18 applying for SSI, cause marked and severe functional limitations).

What Social Security Benefits Are Available?

The Social Security Administration has established a number of different types of disability programs. Although the medical rules are similar under each program, the technical rules on eligibility set each program apart.

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