Minnesota is considered a “no fault” state. This means that you do not need the consent of your spouse to obtain a divorce, nor are the reasons why you want a divorce considered in granting the divorce. In Minnesota, the courts can enter a divorce decree upon showing that:
• One of the parties has lived in the state for 180 days prior to the commencement of the proceedings
• The marriage is irretrievably broken

No. Minnesota is a no fault state.

Maintenance is never a guarantee in Minnesota divorce cases as there is no set formula for determining the length or amount of the awards. The court will look at all relevant factors in determining the appropriateness of a maintenance award, including:
• The financial resources of the party seeking maintenance;
• The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party’s future earning capacity;
• The standard of living established during the marriage;
• The duration of the marriage;
• The age and physical and emotional condition of the spouse seeking maintenance; and
• The ability of the spouse, from whom maintenance is sought, to meet his or her own needs while meeting those of the spouse seeking maintenance.

Yes, though you must request your name be restored prior to the finalization of your decree. The name change must be made in good faith with no intent to defraud or mislead anyone by the change of name.

An annulment treats the marriage as though it never happened.
A marriage may be annulled in Minnesota if:
A.) One party was not able to give their voluntary consent to the marriage at the time of the marriage ceremony because:
1. One party has a mental illness, insanity, mental incapacity and the other party did not know about the mental illness, insanity or mental incapacity at the time of the marriage ceremony;
2. One party was under the influence of alcohol, drugs or other “incapacitating” substance at the time of the marriage ceremony;
3. Consent was obtained by force or fraud.
B.) One party is not able to “consummate” the marriage with sexual intercourse and the other party did not know this at the time of the marriage ceremony.
C) One of the parties was under the legal age for marriage. The legal age for marriage in Minnesota is age 18, or age 16 or 17 only with the consent of the parents, a guardian, or the court and approval of the application for a marriage license by a Juvenile Court Judge.

In Minnesota, you must have been a resident of the state for 180 days prior to the filing for divorce.

The court may grant your divorce any time after the filing of the Summons and Petition. The length of the proceedings depends on the amount of litigation involved.

If you have attempted to serve your spouse but are unable to complete service, depending on the circumstances you may be able to provide service by publication or certified mail upon the court’s permission.

In Minnesota, you do not need the consent of your spouse to obtain a divorce. You simply need to show that the marriage is irretrievably broken. If your spouse is denying this requirement, be prepared to attend court-ordered mediation or even possibly go to trial.

There are three basic types/levels of criminal charges in Minnesota:

Petty Misdemeanor: A Petty Misdemeanor does not constitute a crime and carries a maximum fine of $300.00 and a jail sentence cannot be imposed.
Misdemeanor:A Misdemeanor is a crime where there is a maximum penalty of 90 days in jail and/or a $1000.00 fine.
Gross Misdemeanor: A Gross Misdemeanor is a crime where there is a maximum jail sentence up to a year in jail and/or a maximum fine of $3,000.00.
Felony: A Felony is a crime where imprisonment for more than one year may be imposed, and the fine is determined by the specific felony being charged.

Arraignment/First Appearance:At the First Appearance the court will notify you of your criminal charges; your rights (e.g. the right to have appointed counsel if you qualify); and an opportunity to enter a plea (guilty; not guilty) or give you more time to enter a plea. You will also generally set a future date for a pretrial/omnibus hearing at this time.
Pretrial Hearing/Omnibus Hearings:Pretrial hearing/omnibus hearings serve several different purposes depending on the unique circumstances of the case. Some examples include:
(1) A hearing to suppress evidence or a statement (so it cannot be used at trial) that was obtained illegally (generally in violation of the constitution). This is sometimes called a “Rasmussen Hearing” in Minnesota.;
(2) A hearing to discuss the case with the prosecutor and examine possible resolutions (e.g. a plea agreement) etc.;
(3) A hearing to determine whether probable cause exists to charge you with a crime . This is generally done is cases where someone is charged via a complaint. If the judge rules that probable cause doesn’t exists, the case will be dismissed. This type of hearing is sometimes called a “Florence Hearing” in Minnesota.

Right to Trial by Judge (Court/Bench Trial) or Jury: If you are charged with a misdemeanor, gross misdemeanor or felony, you have the right to a court/bench trial (where the judge decides whether that the state has proven its case beyond a reasonable doubt) or by jury. The jury is made up of 6 peers if you are charged with a misdemeanor or gross misdemeanor; and 12 peers if you are charged with a felony.
Rights at trial: There are several different rights that apply at a criminal trial. These rights include:
(1) the right to remain silent or testify for yourself (if you decide to remain silent this fact cannot be used against you by the state);
(2) the right to confront and cross-examine the prosecution’s witnesses;
(3) the right to compel (subpoena) witnesses to testify in your favor;
(4) the presumption of innocence until proven guilty beyond a reasonable doubt;
(5) the jury must return a unanimous verdict of either “guilty” or “not guilty”, and if a unanimous verdict cannot be reached the judge may declare a “hung jury” and a new trial would take place.

Continuance for Dismissal/Continuance without Prosecution (CFD/CWOP): The state sets aside your case for a predetermined amount of time, and they dismiss the case after that period of time if you fulfill their conditions.
Stay of Adjudication: The defendant offers a guilty plea to the court, but the court does not accept it. There is then a probationary period set with certain conditions. If the terms of the probationary period are met, the case is dismissed at the end of that period.
Stay of Imposition:The defendant offers a guilty plea to the court which the court accepts, but does not impose the full sentence. There is a probationary period set with certain conditions, and at the end of the probationary period (if all conditions are fulfilled) the conviction may be reduced (e.g. from a felony to a misdemeanor) or it may be vacated and dismissed.
Stay of Execution of Sentence:The defendant offers a guilty plea which the court accepts. The defendant is then placed on probation, with certain (or all) terms of the sentence are stayed (not given). For example, someone who is sentence to 30 days in jail “stayed” would not have to go to jail if they successfully fulfill the terms of their probation.
Execution of Sentence:The defendant offers a guilty plea which the court accepts, and the sentence is imposed without any terms stayed. For example, someone who is sentenced to 30 days jail “executed” would actually have to serve that jail time.

A criminal record can cause many problems, especially considering the many inexpensive and easily accessible background check services that are available these days. Some specific problems a criminal record can cause include problems obtaining housing, employment, volunteer positions, and internships.

First thing’s first: open a claim with your car insurance company and the other driver’s insurance. Why would you open a claim with your insurance? Minnesota is a “No-Fault” state, meaning a driver carries their own Personal Injury Protection (PIP) coverage to cover medical bills, replacement services, and wage loss. It can be confusing, but regardless of who caused the accident, your auto insurance is designated to be the primary payer. This will not affect your rates because you were not negligent in operating your vehicle.

This PIP coverage allows for your medical bills to be covered immediately following the accident to ensure you receive the treatment you need. Minnesota requires all drivers to carry a minimum $20,000 of medical care coverage and $20,000 of replacement services and wage loss coverage.

After filing a claim with the at-fault insurance company, that insurance company will pay any storage fees and rental fees until they offer you a property damage settlement. After they are contacted about the accident, they will coordinate with you and offer a settlement for either the cost of repairs or a fair value for your vehicle

Another benefit of carrying PIP insurance is the coverage of lost wages. Depending on the insurance, 75-85% of your wages will be covered for up to $500 a week.

Your policy has all that information. A policy is a contract between you and the insurance company stating you will pay a premium in exchange for a certain amount of benefits in the event of an accident. Our firm will review your policy to make sure you are making the most of your benefits.

Follow your doctor’s orders. We advise our clients to never take a settlement until they are done treating to ensure they are fully compensated.

Your auto insurance has a right to have you assessed by a doctor of their choosing. If that doctor concludes that you have returned to pre-accident health, your benefits will likely be denied. In most cases, benefits are denied prematurely and you will need to continue treating—following your doctor’s orders. At this point, you can file an arbitration. Arbitration is a multi-step, legal process that can be carried out to have any unpaid bills covered through your auto insurance.

Asking them to stop calling is usually a temporary fix. Insurance adjusters are motivated to close out your claim as quickly and for as little as possible. Hiring representation redirects all correspondence and calls through your attorney’s office, so you can focus on your treatment and getting back into your routine.

Our office doesn’t charge you anything until you receive a settlement. This means no upfront costs, no hourly rates, and no added financial stress on top of your already stressful situation. Our firm works on a Contingency Fee Agreement, meaning we pay for your case expenses and do the leg work until your case settles. Should you not receive a settlement, you will not owe us a dime.

Lawyers are people, too. We understand unexpected accidents are draining physically and emotionally. We work diligently to minimize the stress put on by insurance adjusters, keeping track of medical bill payments, and gathering the necessary evidence for your pain and suffering claim. Not to mention, we don’t get paid, until you get paid. This motivates us even further to not only minimize stress, but also maximize your personal injury settlement.

A question we hear often. Each case has a unique set of circumstances and coverage involved. Settlement is the very end of your case, and there is a lot that goes into getting there. Investigations, treatment, insurance coverage, and a number of other factors affect the final settlement. That being said, your case value will be unknown until we have the opportunity to properly review your treatment and your case. Once we have obtained the required information, we will discuss your unique case value.