Minnesota is a no-fault divorce state. That means that adultery doesn’t always have the impact that people imagine. Your spouse’s adultery doesn’t necessarily mean that you’ll “get everything.” Your own adultery doesn’t necessarily mean you’ll lose everything. In fact, there are only few ways in which adultery might be relevant to a divorce case. The courts will want to look at three aspects of the adulterous relationship, and two of them only apply if you have children. If you have children the courts will want to know how much time was spent on the affair. If parenting time took a back seat to spending time with the new lover and did so for a long period of time then the affair could have a detrimental effect on the custody position of the adulterous spouse. It may be relevant if the children have been introduced to the new person in your life, and the amount of contact there has been. The court will also be concerned with whether or not the spouse’s lover has been or would be a bad influence on the children. A lover’s criminal background, history of mental illness or addiction problems could all prove relevant to custody determinations. Your children’s feelings about the lover can also matter a great deal….
Read MoreIf you and your former spouse don’t have any mutual children, then a move out of Minnesota after a divorce should not create a problem. As we outlined in our Minnesota Divorce Laws Basics article, when children are involved, things get more complicating. If you have a standing parenting time arrangement, a move out of Minnesota becomes a much trickier proposition. After all, the courts typically want to do everything in their power to ensure that children get time with both parents, and there’s no denying that out-of-state moves can make this goal harder to attain. That doesn’t mean that it’s impossible for you to move. It just means that moving isn’t as simple as packing your bags, especially if you’re the parent with physical custody of your children and you are proposing to move them away from the other parent. If you wish to move you will need one of two things: either the agreement of your ex (in writing) or a court order granting you permission to go. If you have to take the matter to court you will need to be prepared to show that your move would be in the child’s best interests. It may be easy to show that the move is positive if you’re moving to take…
Read MoreCorporate & Business Law attorney Daniel Ganter is participating in a National Business Institute Seminar this spring entitled: Helping Your Client Buy or Sell a Small-to-Medium Sized Business. This seminar will take place May 7th at Embassy Suites Hotel in Bloomington. This basic-to-intermediate level course provides an overview of how to effectively advise a purchase or sale of a business and is intended for: Corporate/Business Attorneys Real Estate Attorneys General Practitioners In-House Counsel CPAs Registered Tax Return Preparers CFOs Presidents and Vice Presidents Dan will present an in-depth look at ETHICAL OBLIGATIONS regarding business sales in the afternoon from 3:30 – 4:30. His presentation will address the following issues: Identify Who Will be Your Client Clearly Define the Role of the Advisor at the Outset to Avoid Conflict of Interest Maintain Confidentiality Identify and Respect Ethical Obligations to Non-Clients Exercise Independent Judgment on Behalf of Your Client For more information or to register for this event please click Here.
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