- The House You Owned Before The Marriage
Posted May 11, 2008, 5:54 pm by Gerald Williams
If a married couple gets divorced, and one of the spouses owned their home before the marriage, the house is part marital property and part nonmarital property. The value of the house at the time of the divorce can be divided into several categories: (1) the equity the owning spouse had in the home at the time of the marriage (nonmarital); (2) the amount the couple paid off on mortgage principal while living together as husband and wife (marital); (3) the appreciation in the value of the house...
- Minneapolis DWI Attorney - What to Expect When Charged with Drunk Driving for the First Time
Posted May 8, 2008, 12:24 pm
Our Minneapolis DUI defense lawyers have represented countless drunk drivers across the State of Minnesota. A good number of these clients face a DWI for the first time. Understandably, they were quite nervous and apprehensive about what to expect from the courts and from the Department of Public Safety. A Fourth Degree drunk driving charge, according to Minnesota law, is a misdemeanor. The maximum penalty for such an offense is thirty (30) days in jail and a $1,000 fine. In addition to the...
- Free Minnesota Divorce Forms Online - Should You Hire A Lawyer Instead?
Posted May 8, 2008, 12:17 pm
Whether you decide to contact our firm or speak with another attorney, you should probably speak with a divorce lawyer about your situation before utilizing the various free online divorce forms that are scattered across the internet. My suggestion is in line with every district court judge I have encountered. As an attorney, you can imagine I find myself in the courtroom quite often. Nearly every time I'm in court, I sit through cases in which the parties are attempting to divorce themselves...
- Criminal Defense - Minneapolis Lawyer Gets Arson Charge Reduced to Disorderly Conduct
Posted May 8, 2008, 12:07 pm
Our law firm recently represented an indvidual charged with arson. Upon reviewing the complaint, our lawyers determined that the State of Minnesota lacked probable cause in claiming that an act of arson occurred. Once an individual is charged with a crime in Minnesota, the issue of probable cause becomes critical. In each case, the court must determine whether the crime with which an individual has been charged can stick if all of the facts outlined by the State in its complaint are accepted as...
- Minnesota Family Law Attorney Obtains Grandparenting Time Award in Wright County
Posted May 8, 2008, 11:58 am
Our attorneys were recently involved in a very contentious family law situation involving a request for grandparenting time. Our firm represented the paternal grandparents of two children, ages 9 and 5. The mother and father of these two boys both contested the request of the grandparents for a court order that would compel grandparent visitation. Our argument to the court was that the grandparents had "stepped into the shoes" of the father, who was an admitted alcoholic. Despite the fact that...
- How Does Title Impact Property Division in a Minnesota Divorce?
Posted April 30, 2008, 4:05 pm
One of the more common questions I face from a potential client involves title to property - whether a car, boat, house, ATV, business, bank account or otherwise. They ask, "My spouse says that because my [insert the property interest] is not titled in my name, I am not entitled to any of it. Is that true?" One highly unique aspect of family practice is the fact that the litigants, unlike basically all other lawsuits, often continue to speak with one another (and even live together) during...
- New Divorce Study
Posted April 28, 2008, 8:54 pm by Gerald Williams
A new study on children of divorce has been mentioned in recent news headlines. Allen Li, of the Rand Corporation, evaluated children before and after their parents divorced, between 1979 and 2002. The more common methodology of past research had compared children of divorce to children in intact families. Li's study drew upon a national sample of more than 6,000 children between ages 4 and 15, whose mothers were surveyed during the term of the study. The fact that Li interviewed the mothers,...
- What's Going to Happen to Me Following a First Minnesota DWI?
Posted April 23, 2008, 7:04 pm
If you're facing a Minnesota DUI for the first time, we understand you are probably nervous about things. We understand that everyone makes a mistake now and again. In our experience, drunk drivers fit no specific mold. We've represented teens, educated professionals, married couples and seniors who have had a few too many and get behind the wheel of a car. Heck, even the former head of the Twin Cities Metropolitan Council (and son of a former vice-president) Ted Mondale was charged with DWI in...
- Minnesota DWI Offenders: Third Worst Drunk Driving Rate in Nation
Posted April 23, 2008, 3:51 pm
The Minneapolis Star Tribune reports that Minnesota ranks third-worst in the nation when it comes to DWI & DUI. Click here the read the Minneapolis newspaper article on DWI frequency in Minnesota. Just two states fared worse in a government study: Wisconsin and North Dakota. Nationally, it was reported that 15 percent of drivers indicated that they drove under the influence of alcohol over the last year. In Minnesota, 23.5 percent of drivers indicated that they operated a car after...
- How Long Must I Wait To Seek An Expungement of my Criminal Record in Minnesota?
Posted April 21, 2008, 3:52 pm
Almost daily we speak with potential clients who contact us to determine if they qualify for expungement. While there is no formal timeline offered within Minnesota law, generally speaking, the longer you wait to seek an expungement of your criminal record, the greater your likelihood of success. Equally important is the severity of the offense you were convicted of in relation to how much time has passed. In Minnesota, expungement is governed by statute. The expungement of a conviction means...
- Minnesota Housing Market Hits Divorce Court Too
Posted April 21, 2008, 3:24 pm
Yesterday, the Minneapolis Star Tribune published part one on a series outlining the deteriorating housing market in the Twin Cities. Written by Chris Serres, Jim Buchta and Glenn Howatt, Minnesota's New Ghost Towns offers a surprising and depressing look at the current status of suburban real estate in Minnesota. We have seen a drastic shift in thinking over the last five years in terms of real estate and its sale during a divorce. Not long ago the concept of a short sale or foreclosure was...
- Short Sale & Foreclosure Boom: Minnesota Housing Market Hits Divorce Court
Posted April 21, 2008, 3:24 pm
Yesterday, the Minneapolis Star Tribune published part one on a series outlining the deteriorating housing market in the Twin Cities. Written by Chris Serres, Jim Buchta and Glenn Howatt, Minnesota's New Ghost Towns offers a surprising and depressing look at the current status of suburban real estate in Minnesota. We have seen a drastic shift in thinking over the last five years in terms of real estate and its sale during a divorce. Not long ago the concept of a short sale or foreclosure was...
- Sole Physical Custody & Joint Physical Custody: Is the Presumption Going to Change in Minnesota?
Posted April 21, 2008, 2:53 pm
Depending upon your point of view, you may or may not appreciate the fact that Minnesota law contains a presumption of sole physical custody. So many potential clients ask about that. I don't believe it is a question of whether the standard will change, but when the standard will change - based upon recent legislative activity and the progressive approaches that have been taken at the Hennepin County Family Justice Center in Minneapolis. Fellow Minnesota divorce blogger Gerald O. Williams has...
- How Much Will This Divorce Cost Me?
Posted April 19, 2008, 5:03 pm
We have the responsibility to tell every potential client that we "aren't sure." Now...how's that for building credibility with someone who wants to entrust their life with you for a bit? The truth is that we really don't know how much a divorce is going to cost in the end. An attorney who tells you they do probably isn't being up front with you. A host of issues beyond our control play a part in every case. Much depends on what county your case is filed in, what the mindset of the opposing...
- Common Law Marriage in Minnesota
Posted April 19, 2008, 4:47 pm
Minnesota does not recognize common-law marriage. Common-law marriage involves couples who treat each other as if they are married, hold themselves out as married and believe themselves to be married as a matter of law. Often, parties to a common-law marriage will refer to each other as husband and wife, share last names or file income tax returns together. Only 16 states (nearest being Iowa) recognize common-law marriages, and that number is shrinking. In Minnesota, parties who live together...
- A Fundamental Choice During Divorce: Compromise or Stand Your Ground?
Posted April 19, 2008, 4:37 pm
Every person going through divorce will face one fundamental decision time and again: Do I compromise or do I stand firm in my position? Certainly there are times for both. As often as possible, however, we recommend taking the high road and giving a little of yourself for the greater good of your family. This may not seem like good advice coming from a divorce lawyer. After all, isn't it our job to stand and fight to the bitter end with sharp claws and gnashing teeth (have you seen those silly...
- Search & Seizure Under the Fourth Amendment
Posted April 18, 2008, 8:33 pm
The Fourth Amendment of the United States Constitution protects people against unreasonable searches and seizures by police officers. It reads: The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Article I, section 10, of...
- Minnesota Felony Sentencing Flowchart
Posted April 18, 2008, 8:08 pm
The Minnesota Sentencing Guidlines outline the presumed sentences for felony offenses. Below, find an easy-to-navigate flowchart that outlines the options the Court has in imposing or staying a sentence in a felony case.
- Dakota County Deputy-in-Training turned Court Bailiff turned Criminal Defendant Convicted by Scott County Judge
Posted April 18, 2008, 7:49 pm
Deputy Joshua J. Williams of Dakota County has been convicted of careless driving as a result of an incident that resulted in the death of a motorcyclist. Scott County Chief Judge William Macklin issued his opinion after Williams waived his right to a jury trial. Careless driving is a misdemeanor in Minnesota and usually results in community work service as opposed to jail time. Ironically, Williams, now convicted, has been re-assigned as a court security officer as a result of the charge.
- Anoka County Criminal Defendant Pled to Unintentional Murder; Sentenced to 139 Months
Posted April 18, 2008, 7:41 pm
A male friend of a Columbia Heights mother was sentenced yesterday in the death of her 23-month-old child. The criminal defendant, Ahmed F. Mohamed, pled guilty earlier this year to second-degree unintentional murder (manslaughter) in Anoka County, Minnesota. Mohamed was ordered to serve 139 months in prison, with the possibility of release after two-thirds of his sentence. In late 2006, police discovered the child dead in the home of her mother after the mother left her in the care of Mohamed....