Apr
9

Divorce: Does it Terminate Affidavits of Support?

Family law attorneys understand that a divorce permanently dissolves the bonds of matrimony between two spouses, making them two single individuals free to go on their separate ways, once the court has entered the judgment and decree.  However, contrary to popular belief, divorce does not terminate a very important financial contract, if one of them is a foreign national who obtained lawful permanent residency through the marriage.  That contract is the Affidavit of Support, U.S. Citizenship and Immigration Services Form I-864, governed by the Immigration and Nationality Act, Section...

Apr
30

Can I Get Divorced in the United States and Minnesota?

A common question we hear during our initial divorce consultations is, “Can I divorce my spouse here in the U.S. if we were married in another country?”  The answer is "Yes." 

In Minnesota, a party seeking to divorce his spouse must have at least six months of residency in Minnesota before commencing a divorce proceeding.  The important point is that it does not matter if the other spouse resides outside of Minnesota, or even outside of the United States.  What is important is that the other spouse receives proper notice.  The spouse petitioning for divorce must ensure that he or...

Sep
21

Why Should We Go to Mediation?

Why Should I Go to Mediation with My Spouse if We Are Divorcing?

A couple who is in the process of divorce understandably may not be on good terms with each other.  But this does not mean that is futile to meet and have a conversation, as long as it is in an appropriate setting, with the mutual intention of working towards an agreement.  

Mediation and Social or Financial Early Neutral Evaluation are types of alternative dispute resolution processes that are encouraged, and often court ordered, for couples seeking to divorce in Minnesota.  In many cases, these processes pave the way for...

Nov
8

Custody Determinations and Orders for Protection - Minnesota Statute 518.17

An Order for Protection (OFP) is a civil order prohibiting a family or household member from contacting the petitioning party when domestic abuse has occurred, or there is an imminent threat that domestic abuse will occur.  A judge can grant an Order for Protection for up to two years, and there is no cost to file.  A parent can apply for an Order for Protection for herself or himself.  A person may also apply on behalf of his or her minor child if the child has been the victim of abuse or a threat of abuse exists.  The petition process itself includes a sworn written statement that...

Nov
25

Family Court Jurisdiction over Non-Residents of Minnesota

Wilson Law Group regularly represents clients seeking a divorce from a spouse living outside of Minnesota.  We encounter a common situation where the parties have been separated for years, often by borders or oceans, but have not actually divorced.  Eventually, the spouse recognizes the time has come to dissolve the marriage, for various personal reasons.  The passage of time does not simply render the parties divorced (an unfortunate myth that continues to persist), and any subsequent marriages are invalid if the prior marriage is not dissolved. 

When the spouse is living outside of...

Feb
21

Modification of Custody and Parenting Time

Sometimes clients come to Wilson Law Group months or years after finalizing a divorce or custody case and want to change the custody labels or parenting time schedule established previously. Some parents want to modify custody labels due to a new reality: a new job that is farther away, or because the child has started living with the “non-custodial” parent full-time. Other parents want to modify custody because they are concerned with the other parent’s parenting skills, or fear for the safety of the child. Modification, however, can be a very difficult process in Minnesota as many...