In Minnesota, a divorce commences upon service of a Summons and Petition. The Summons includes a “mandatory restraining order,” ordering that neither party may dispose of any asset except: (1) for the necessities of life or for the necessary generation of income or preservation of assets; (2) by an agreement in writing; or (3) for...

My estate planning colleagues regularly ask me about the legal rights and responsibilities between cohabiting adults. Since more and more people are living together, and even having children together, without getting married, this issue will continue to increase in important. Before you begin cohabitating with someone, it is important to understand your rights and responsibilities...

In 1996 Congress passed 18 U.S.C 922(g)(9), also known as “the Lautenberg Amendment.” This prevents any person “who has been convicted . . . of a misdemeanor crime of domestic violence” from possessing any firearm or ammunition. In nearly every such conviction, this also results in such a person being prohibited from serving in the...

Corporations created under the laws of the State of Minnesota are entities created by statute. As a result, it only makes sense that we must look to statute for the process to end a corporation’s existence. Called “dissolution,” Minnesota statutes provide three basic alternative processes for the shareholders of a corporation to wind up and...

As most employers know, the Americans with Disabilities Act (“ADA”) was significantly amended effective January 1, 2009, to broaden the scope of what constitutes a “disability” under the Act. Historically, the Equal Employment Opportunity Commission looks to the Diagnostic and Statistical Manual (“DSM”), published by the American Psychiatric Association as a diagnostic tool, for guidance...

In many divorce cases, the most valuable assets of the “marital estate” are the parties’ retirement assets. These can account for tens to hundreds of thousands of dollars of value. This article is a primer on this subject matter, summarizing (1) what forms these retirement assets commonly take, and (2) how spouses can approach a...

Farm divorce cases in Minnesota are extremely complex. In addition to understanding how to equitably divide marital and non-marital assets, Minnesota farm divorce lawyers must understand the farm business, accounting and tax issues, as well as banking and finance principles.  Many farm divorces require a significant understanding of business transactions and valuations, as well as...