Jul
28

Change in Minnesota’s Custody Law Effective August 1, 2014

Did you know that the Minnesota Legislature has clarified that there is no presumption regarding custody except in cases of domestic abuse? This is an important change in the law that will go into effect on August 1, 2014.  Minn. Stat. Sec. 518.17, subd. 2 has been amended to state, “There is no presumption for or against joint physical custody, except when domestic abuse, as defined in section 518B.01, has occurred between the parents.” 

So what does a judge consider when a child’s parents cannot agree on custody? Some fathers may discouragingly assume that a judge will always...

Jun
3

Seeking an Order for Protection for Domestic Abuse

An Order for Protection (OFP) is a civil order that primarily prohibits a respondent party’s contact with the petitioning party following an incident of domestic abuse and restrains the respondent from committing further domestic abuse.  Under the Domestic Abuse Act found in Minn. Stat. Sec. 518B.01 (2013), domestic abuse means any of the following acts by a family or household member: physical harm, bodily injury or assault; the infliction of fear of imminent physical harm bodily harm, or assault; terroristic threats; criminal sexual conduct; or interference with an emergency call.  A...

May
22

The Name Game: Establishing and Terminating Parental Rights in Minnesota

Minnesota’s laws on the legitimacy and custody of children address the establishment of a parent and child relationship when the parents are not married.  Although a child may bear his biological father’s last name, this does not mean that the father is legally recognized or has any rights to the child if the child was born outside of marriage.  Similarly, a parent cannot change legal parentage of a child simply by changing the child’s to the mother’s last name or to a stepparent’s last name. 

When a child is born in a hospital to an unmarried mother, she has the option of...

May
20

Photo of Minnesota Women Lawyers Leadership Award Ceremony

David Wilson, Wilson Law Group's Managing Attorney, accepted Minnesota Women Lawyers' Leadership Award this past Monday.  Congratulations!

May
13

Minnesota Women Lawyers Presents Leadership Award to WLG

Wilson Law Group is thrilled to announce that Minnesota Women Lawyers will be presenting WLG with its 2014 Leadership Award on May 19th.  Minnesota Women Lawyers established its Leadership Award to recognize legal employers throughout the state that strive to enhance the status, influence and effectiveness of women lawyers in their employ.

From the Award Nomination: “Wilson Law Group has been developing innovative ways to promote women in the legal profession and to facilitate a healthy work life balance for all staff members since the firm’s inception [in 2003]…Women are recruited...

May
9

WLG Accepts Excellence Award

On May 6, WLG proudly accepted a Small Business Excellence Award presented by the Small Business Administration. WLG was recognized for various reasons including our response to adversity, service to our community, growth, longevity and innovation of products and services. A big thank you to all WLG clients, past and present; without all of you, this award would not have been possible.

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...

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...

Pages