New Family Laws Passed in August 2024
Have you ever been in a situation where your former partner is withholding parenting time from you with your child(ren) during a custody dispute? Have you then tried to take your former partner to court to try to recover those lost days, only to realize that it will take months before a judge will be able to hear your case Fortunately, the Minnesota legislature passed new family laws in August 2024 where if a parent is being denied their parenting time from their child(ren) for over 14 consecutive days, the court must hold a hearing within 30 days . This... Read More
Engagement Ring: Who gets the ring after a divorce?
I often get asked, “Andy, who gets the engagement ring after the divorce?” Typically, one partner buys the other an engagement ring before they are married, so the partner who made the purchase should get the engagement ring post-divorce, right? Wrong. The ring belongs to the partner who receives the ring. According to Minnesota case law, an engagement ring is considered to be a conditional gift which is given in contemplation of marriage. Thus, because the parties contemplated marriage and got married, the partner who received the engagement ring is entitled to keep it as non-marital property. However, if a... Read More
Is There a Limit for Child Support Payments in MN?
In decades past, a mother would have primary custody of the children after a divorce. The father would typically have the children every other weekend and on alternating holidays. And almost universally, it was the father that paid child support. In the 2000s, times—and families—have changed. There are more parents who were never married to each other. It is not unusual for children to split their time 50/50 between both parents. It is a myth that joint legal custody eliminates any child support obligations. More same-sex couples are having families Someone other than the parents may have custody of a... Read More
Is My Stipulated Divorce Decree a Binding Contract?
Mankato Family Law Attorneys at Farrish Johnson Divorce is life changing. Sometimes, it comes as a complete surprise. Regardless of the side you stand on, it is wise to seek assistance from a legal team with expertise in Minnesota divorce law. Grounds for a Divorce Minnesota is a no-fault divorce state. No-fault divorce means there is no requirement to prove a spouse’s actions caused an irreconcilable breakdown of the marital relationship. The Types of Divorce Divorces in Minnesota are known as a Dissolutions of Marriage. In Minnesota, there are three types of divorce: uncontested, contested, and stipulated. An uncontested divorce... Read More
Child Custody Disputes for Cohabitating Parents
Southern Minnesota Family Law Attorneys Are you going through a difficult time after you broke up with your significant other? If this is the parent of your child(ren), then you are definitely feeling the loss. In our society, many adults are hard-pressed to keep their home lives stable, especially when there are unforeseen changes in the economy, workplace injuries, or other financial setbacks. When you’re alone while trying to resolve child custody disputes, albeit married or cohabitating, you need legal help ASAP. How else will you ensure your child’s well-being? Feeling Isolated After Separating From Your Partner? In part, you... Read More
An Uncontested Divorce Can Proceed Outside The Courtroom Under Certain Conditions
Mankato Family Law Attorneys It is possible to complete a marriage dissolution with minimal or no court attendance if you meet certain requirements. Minnesota’s laws are complex and can be hard to understand, even for a seasoned lawyer, but an uncontested divorce under the guidance of a compassionate lawyer can happen as long as you and your partner agree on everything. Everyone In Agreement Both parties must be in agreement on every issue related to the divorce, including the fact that the marital relationship cannot be fixed. Minnesota Statute 518.06 defines divorce as the legal ending to a legal marriage between two people whose relationship is... Read More
Seven Guidelines for Parents Who Are Divorce/Separated and Sharing Custody of Children During the COVID19 Pandemic
Leaders from the American Academy of Matrimonial Lawyers (AAML) and AFCC have released guidelines for coparenting during the COVID-19 pandemic. Seven Guidelines for Parents Who Are Divorce/Separated and Sharing Custody of Children During the COVID19 Pandemic 1. BE HEALTHY. Comply with all CDC and local and state guidelines and model good behavior for your children with intensive hand washing, wiping down surfaces and other objects that are frequently touched, and maintaining social distancing. This also means BE INFORMED. Stay in touch with the most reliable media sources and avoid the rumor mill on social media. 2. BE MINDFUL. Be honest... Read More
What is the Minnesota Fathers’ Adoption Registry?
When a child is born during a marriage, the mother and father are both listed on the child’s birth certificate. However, when a child is born to two unwed parents, the Minnesota Fathers’ Adoption Registry will likely come into play. The Minnesota Fathers’ Adoption Registry is run by the Minnesota Department of Health, and it is for fathers who: • Were not married to the mother of their presumed child when the child was born; and • Have not asked a court to name them as a child’s legal father OR • Have not signed a Recognition of Parentage form... Read More
Career Opportunities at Farrish Johnson Law Office
Farrish Johnson Law Office is a growing, well-respected, and award-winning law firm based in Mankato, Minnesota. Established in 1893, it is the 8th oldest firm in Minnesota. A full service firm with 14 areas of practice, Farrish Johnson is dedicated to providing clients with quality legal services and serving them with professional reliability and high ethical standards. Farrish Johnson offers competitive compensation and benefits, a comfortable and contemporary office, and engaging opportunities for professional growth. See more information below for current employment opportunities: ASSOCIATE ATTORNEY – FAMILY LAW AND EMPLOYMENT LAW – Mankato, MN: Farrish Johnson Law Office is a seven-attorney law firm... Read More
Changes to Calculation of Child Support in Minnesota
As of August 1, 2018, the method for calculating child support in Minnesota has changed. The goal of the change was to eliminate the perceived child support “cliff” that resulted from the parenting expense adjustment. Under the previous child support laws, which were enacted in 2007, child support was calculated based upon an “income shares” model. Under the “income shares” model, both parents’ gross incomes were added together to create a total parental income for determining child support. Each parent was then supposed to pay a percentage of the total child support obligation based upon his or her percentage of... Read More