New Attorney Joins BGS
October 30, 2014 | Barna, Guzy & Steffen, Ltd.Barna, Guzy & Steffen LTD. announces the addition of a new associate to our firm. David R. Schaps has joined the firm’s Labor/Employment & Government law department. He will be working closely with Attorney/Shareholder Scott Lepak. Scott’s labor practice is focused on assisting employers in both the private and public sector. He says, “The addition of David to our team will benefit current clients and help expand the firm’s business opportunities.” David comes to the firm from his position serving the city of Oakdale. He worked for Oakdale for nine years, starting as an intern and being promoted to his final position as assistant city administrator. David is a 2011 graduate of Hamline University School of Law. He also received his M.A.P.A. in Public Administration from Hamline University Graduate School of Management in 2006 after graduating magna cum laude with a degree in Political Science from Gustavus Adolphus College in 2004. He is excited about this new opportunity in his legal career and says, “I am very honored to be joining Barna, Guzy and Steffen’s long standing tradition of service in the community. I look forward to the opportunity of utilizing my background and experience in the public sector to assist our clients in achieving positive outcomes and results.”
Read MoreDivision of Marital Property, Debt and Non-Marital Property – Is it Mine, Yours or Ours?
October 29, 2014 | Elizabeth A. SchadingThe division of marital property can be one of the most complicated aspects of a divorce in Minnesota. For each and every asset or property, there is always a question of whether it belongs to you, your spouse, or both of you. In the state of Minnesota, the property in a marriage will be marital, unless proven to be non-marital. Debt will also be divided equally between you and your spouse, but the reason the debt was incurred will be considered. What is Considered Marital Property? If you and your spouse are like most married couples, you’ve probably accumulated quite a bit over the years. The car you purchased, those nice wine glasses in your cabinet or even the family boat may all be considered marital property. However, marital property extends beyond just tangible items; it can also include pension plan benefits, stocks and land. Any items that were purchased or were given while you were married will be presumed to be marital property. Oftentimes, courts will make an equal division of the property, although this is not always the case. What Happens to Debt? Just like property, debt can also be considered non-marital. Whether or not the debt is considered non-marital will depend on: When it was borrowed Who borrowed the money…
Read MoreHow Do Minnesota Courts Decide Custody of a Child?
October 27, 2014 | Elizabeth A. SchadingMinnesota law considers the best interests of the child, so a wide variety of factors are taken into consideration and no one factor takes precedence over another. The courts may award joint physical custody if the arrangement is practical and in the child’s best interest. Some factors that the courts take into consideration are: Where the child goes to school and the local community. If a child is already well adjusted in his or her current school and community, it may not be in the child’s best interest to force the child to move. The opposite can also be true. If a child is not well adjusted in their current environment, he or she may be better off moving to a new community and attending a new school. The parent who will remain in the family’s home. If one parent will remain in the family’s home and can provide a stable environment, they will have an advantage over the parent who is constantly moving from one home to another. How long the child has been living in the family’s home. The parent’s wishes. The parent who has served as the child’s primary caretaker. In some cases, one parent acted as the child’s primary caretaker. He or she was responsible for the child’s day-to-day…
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