4 Things You Should Know About Child Custody Mediation in Minnesota
May 20, 2013 | Elizabeth A. SchadingIf you’ve decided to use child custody mediation in Minnesota to resolve some of the issues of your parenting dispute, then you’ve made a very good choice. Often, people who use mediation instead of the court system, wind up far happier with the outcome that they receive. This is because mediation allows you to be an active participant in the process of deciding what is best for your child. However, that does not mean that there aren’t a few things you should know about the process. [maxbutton id=”1″ ] 1. Be Prepared You already know that you should come to court prepared, but did you know that you should come prepared for your mediation, too? While the mediator doesn’t have the power to impose a decision upon you it does help to have all of the information at your fingertips. Here are a few of the things you should consider bringing. A list of the issues that are most important to you, so that you can make sure those issues are addressed. Suggestions and plans for meeting each of these issues, such as suggested parenting time schedules. Records such as the child’s report cards and school attendance and progress, and other indicators of the care that you’ve been giving the child. A list…
Read MoreCan I File for Divorce in Minnesota if I Don’t Know Where My Spouse Is?
May 16, 2013 | Elizabeth A. SchadingSometimes a divorce happens because a spouse simply abandons the family. Sometimes families start with a separation, only for a spouse to go MIA. Sometimes, a spouse even hides from another spouse, thinking that this is the best way to avoid being served with divorce papers. However, you can get a divorce even if you don’t know where your spouse is. Minnesota allows for service of divorce papers through alternate means when all reasonable avenues have been tried to find and serve your spouse through normal means. Service by publication requires a court order, but the order will be granted if you provide facts sufficient to prove that you cannot find your spouse. Once the papers have been served through alternate means the divorce will continue. Your spouse has a certain amount of time to file an Answer to your petition for divorce. If your spouse fails to file an Answer then the courts will usually move forward with a “default” Judgment of Divorce. The issues of the divorce will be settled, most likely as you request, and you will no longer be married. If your spouse is missing you should not assume that your divorce will be uncontested, however. Strange things can happen at the last minute. This is not the time…
Read MoreLong-Term Disability Benefits Law – Looking at Options
May 15, 2013 | John T. BuchmanPersonal Injury and Long-Term Disability It’s no secret that employees are working longer and people are living longer than ever before. The economic conditions have caused many employees to push back their retirement date. One consequence of these facts is that there has been a marked increase in long-term disability claims by disabled employees. Many employers provide long-term disability benefits as part of their employment package. I recently assisted two clients in obtaining “LTD” benefits. These turned out to be quite involved and time intensive. One required an internal appeal in which we were successful. In order to be entitled to long term disability benefits, a person has to be “disabled” continuously for the initial “elimination” or waiting period and beyond. This disability need not be, and in fact is often not, due to a work-related injury. Disability can be established by a combination of unrelated injuries, conditions or illnesses that combine to prevent a person from working for the required period of time. Different policies can define “disability” differently. Many policies adopt the definition of disability found in the Social Security Disability Act. However, the policies need not use that definition and many do not. Generally, these definitions require that the person be unable to perform the material and substantial duties of…
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