VanDerHeyden Law Office, P.A.

3 mistakes Minnesotans make about spousal maintenance

2026-06-01T15:29:59Z

Spousal maintenance is one of the most misunderstood parts of Minnesota divorce. What you think you know from television or a friend's experience might be completely wrong for your situation. Here are a few costly mistakes people make about this type of support in Minnesota.

Mistake #1: Expecting support

Minnesota does not automatically award spousal maintenance. The court must find that you lack sufficient financial resources to meet your reasonable needs and cannot support yourself through appropriate employment. Being a stay-at-home parent doesn't guarantee alimony. Courts look at your education, work history and ability to become self-supporting. Alimony is not a punishment for the higher-earning spouse or a reward for the lower-earning one. It is a needs-based determination focused on financial fairness and the recipient's ability to maintain a reasonable standard of living. That said, if you signed a prenuptial or postnuptial agreement with enforceable alimony provisions, those terms will likely dictate outcomes instead of the standard court analysis.

Mistake #2: Assuming it never ends

Most maintenance orders will have an end date. Permanent or indefinite alimony is increasingly rare in Minnesota. Generally, it is considered only in cases when parties were married at least 20 years. Most spousal maintenance is temporary or rehabilitative, designed to help the recipient become self-supporting within a specific timeframe. The length of marriage plays a significant role in determining the duration of support. In general, if you were married for more than five years but fewer than 20, court-ordered maintenance may last for about half as long as you were married.

Mistake #3: Ignoring income changes after divorce

Changed circumstances can modify alimony amounts or duration. If the recipient gets a substantial raise, new job or inheritance, the payor can request a reduction or termination. The person seeking the change must prove a substantial change in circumstances occurred. On the flip side, if the payor loses their job or becomes disabled, they can request a reduction. However, voluntarily quitting or taking a lower-paying job to avoid payments will not work. Courts can impute income based on earning capacity. Too often, people oversimplify alimony in Minnesota. Understanding these common mistakes helps you approach your case with realistic expectations rather than costly assumptions.

Can a mother withhold a child from the father in MN?

2026-05-12T14:42:50Z

If you are dealing with custody or parenting time issues in Minnesota, you may wonder whether a mother can legally keep a child away from the father. The short answer is no, not without a valid legal reason or court order. Minnesota law focuses on the best interests of the child. Courts expect both parents to support the child’s relationship with the other parent. Unless a judge has restricted or denied parenting time, each parent must follow the custody and visitation terms in place.

When withholding a child may be allowed

There are limited situations where a mother may lawfully deny parenting time. These typically involve concerns about the child’s safety or well-being. For example:

You believe the child faces immediate harm or danger.
The father is under the influence of drugs or alcohol during visitation.
There is a history of abuse or neglect.
A court order limits or suspends the father’s parenting time.

Even in these cases, you should act carefully. Courts expect you to raise concerns through legal channels, not make unilateral decisions unless the situation is urgent.

What happens if a mother violates a custody order

If a mother withholds a child without legal justification, she risks profound consequences. Minnesota courts take parenting time violations seriously because they interfere with the child’s relationship with the other parent. Potential consequences include:

Make-up parenting time awarded to the father.
Modification of custody arrangements.
Fines or other financial penalties.
In extreme cases, contempt of court.

Judges look closely at patterns of behavior. Repeated violations can weaken your position in future custody disputes.

What if there is no court order

If no custody order exists, the situation becomes more complex. In Minnesota, both parents have equal rights to the child if paternity is established. However, without a formal order, enforcing those rights can be difficult. If you are in this position, you should act quickly to establish custody and parenting time through the court. This creates clear expectations and protects both you and your child. If you feel uncomfortable about your child spending time with the other parent, do not simply deny access. Instead, take proactive steps:

Document any concerning behavior.
Communicate your concerns clearly and calmly.
Seek a temporary order if safety is at risk.
Request a custody modification through the court.

This approach shows the court that you are acting in good faith and prioritizing your child’s well-being. A mother cannot withhold a child from the father in Minnesota without a valid legal reason. Courts expect both parents to follow custody orders and support the child’s relationship with each parent. If safety concerns exist, you have options but you need to use the legal system to address them. Acting outside the law can backfire and harm your case. When in doubt, consult a family law attorney to protect your rights and your child’s best interests.

Understanding dram shop claims in Minnesota

2026-03-27T05:40:44Z

You may have a dram shop claim against a bar, restaurant or liquor vendor if alcohol service contributed to a vehicle crash, fall or assault that caused your injury. That concern often arises when you remember the person showed clear signs of impairment before the incident. In Minnesota, the law looks at whether a business made an illegal sale of alcohol. These details can affect whether another party may share responsibility for the harm you experienced.

Recognizing when alcohol service may create liability in Minnesota

Minnesota law focuses on illegal alcohol sales, which form the basis of dram shop claims. You need to look at whether the business sold alcohol in a way that broke specific rules. This may involve the following:

Alcohol provided to a person under age 21
Service given to a person showing clear signs of intoxication
Sales made without a valid license

Each situation points to an illegal sale, which the law requires for a claim. However, alcohol service alone does not create liability. You need facts that show the sale itself violated these limits.

Establishing the link between service, intoxication and injury

Dram shop claims require a clear connection between several factors. You need to examine whether the illegal sale contributed to the person’s intoxication. You also need to assess whether that condition relates directly to the harmful act that caused your injury.

The law also considers whether the injury followed from that impaired state. If that connection lacks support, the claim may weaken.

Act quickly to meet notice deadlines and secure key evidence

Start by writing down key details as soon as possible, including locations, times and witness names. Then identify where the alcohol sale occurred and note any signs of obvious intoxication you observed. Minnesota law requires written notice to the business, often within 240 days after you hire an attorney, which can affect whether your dram shop claim moves forward.

Can I lose my private practice in a Minnesota divorce?

2026-02-24T15:35:47Z

Marriage is hard work, and so is building a private practice. But when one ends, the other does not have to fall apart. Divorce does not automatically mean losing the practice you have worked years to build. In Minnesota, how your business is treated depends on a mix of several factors. Knowing how courts handle private practices can help you protect both your livelihood and your future.

How Minnesota courts view private practices in divorce

Minnesota follows equitable distribution, which focuses on fairness rather than an automatic 50-50 split. A private practice may qualify as marital property, nonmarital property or a combination of both. Timing plays a major role. Practices formed during the marriage often count as marital assets. Practices started before marriage may still gain marital value if they grew due to shared finances, spousal support or marital effort. Courts also look beyond physical assets like equipment or office space. A large part of a practice’s value may lie in goodwill, which reflects future earning potential rather than current cash on hand.

When a private practice may be at risk

Your practice may face greater exposure in divorce under certain conditions. Common risk factors include:

Growth during the marriage, even if the practice began earlier
Use of marital funds to cover overhead, expansion or debt
A spouse’s indirect contributions, such as managing the household or childcare
Blended finances, where personal and business accounts overlap

When these factors exist, the court may assign marital value to part of the practice. While judges rarely force a sale, they may offset the practice’s value by awarding other assets to the non-owner spouse or ordering structured payments over time.

Personal goodwill and why it matters

Minnesota judges often treat a practice’s reputation in two parts: the goodwill that belongs to the business itself and can be sold or transferred, and the goodwill that depends on you personally. Personal goodwill ties directly to your reputation, relationships and professional skills. Courts may treat personal goodwill as nonmarital because it depends on you continuing to work. This distinction can significantly reduce how much of a practice becomes divisible property, especially in professions where clients or patients follow the individual, not the business name.

Protecting your livelihood during divorce

If you own a private practice and are facing divorce, a Minnesota family law attorney can assess your risks and help you pursue a resolution that protects both your future and your work.

Modifying a parenting plan when immigration status is a concern

2026-02-16T09:27:21Z

It is widely known that immigration status challenges have been impacting Minnesota communities. In many cases, enforcement actions and policy changes have disrupted families. Partially as a result of these concerns, some parents are wondering how they should approach their co- arrangements if one or both parents’ immigration status could be problematic. When a parent’s immigration status raises questions about safety, stability or future availability, modifying a plan may be appropriate to protect a child’s best interests while preserving parental rights.

A proactive approach may be wise

plans in Minnesota are ideally designed to accurately reflect current circumstances. When those circumstances change in a meaningful way, the courts generally allow parents to make modifications. Immigration-related concerns can qualify as a substantial change if they affect – or could soon affect – a parent’s ability to exercise their time, make parental decisions or provide a stable environment for their child. A heightened risk of detention or removal, sudden work disruptions or travel restrictions that interfere with scheduled exchanges could warrant a modification. A parent will not lose custody or time simply because of their immigration status. However, courts may consider the practical impacts of that status when making decisions in contested plan scenarios. If there is a credible risk that a parent could be unavailable for an extended period, the court may adjust schedules, designate temporary caretakers and clarify decision-making authority to ensure continuity of care. Modifications can be tailored rather than drastic. Courts may approve contingency provisions that take effect only if a triggering event occurs, such as detention or inability to return to the state. plans can address a need for backup transportation arrangements, alternative exchange locations, expanded virtual time or temporary shifts in schedules to reduce disruption for an affected child. For parents worried about retaliation or bias, Minnesota law provides safeguards. Courts are prohibited from discriminating based on immigration status. When approached in informed, supported ways, thoughtful, narrowly tailored modifications can address real risks without severing relationships.

When can parents modify a Minnesota custody order?

2026-02-16T09:30:58Z

Custody orders include details regarding the breakdown of parenting time and legal authority. They frequently address holidays and birthdays in addition to day-to-day parenting time. Most custody orders are the product of parents cooperating to negotiate arrangements with one another. However, the family courts can establish custody orders on behalf of parents in contested custody scenarios. When parents cannot agree on how to share their rights and responsibilities, the courts may decide what is in the best interests of the children. Both uncontested custody orders obtained through negotiations and contested custody orders established through litigation may fall short of fully meeting a family’s needs. When is it possible for parents to petition the courts to change a court order regarding custody?

1. When at least a year has passed

Frequently, one parent's dissatisfaction with arrangements is the underlying reason for a modification request. State statutes require that people wait at least a year before petitioning for a contested custody modification. Parents hoping to secure more time with their children or to rework the division of parental authority typically need to wait at least 12 months after the courts finalize their most recent custody order to request a judge’s review.

2. When the parents agree

Custody modifications are theoretically possible at any point if parents can work with one another. Uncontested custody modifications involve the parents working together to establish new terms that reflect the needs of their children and their availability. Parents can potentially pursue uncontested modifications at any point after the courts establish a custody order.

3. When there are unusual challenges

There are two scenarios in which parents can pursue a contested modification without waiting a year. The first is when they have proof of one parent's attempt to alienate the other by refusing to uphold the terms of the custody agreement. Repeated violations of a custody order and other signs of attempts at parental alienation can warrant a contested modification request without waiting a year. Similarly, parents who have evidence of abuse or neglect occurring when the children are with the other parent can request a modification without waiting 12 months. Parents hoping to update their custody orders may need help understanding the law and following the appropriate procedures. Working with an attorney can make it easier for parents to modify a child custody order either through cooperation with one another or litigation in family court.

When is a business liable for slip-and-fall injuries?

2025-11-24T19:24:57Z

People visiting a business usually expect the facilities to be safe. Companies that make their premises open to the public should ensure that people can use them as intended without being put at unnecessary risk. When business owners do not properly maintain their facilities or when they make questionable staffing decisions, they may expose visitors to unexpected risks. In some cases, the people attempting to visit or patronize a business could sustain significant injuries due to slip-and-fall incidents. Perhaps another visitor or even an employee dropped something on the floor, such as a coffee. Maybe there are tripping hazards inside the business that cause a visitor to fall and get hurt. Slip-and-fall incidents can produce relatively significant injuries, including brain injuries and broken bones. When do visitors injured in slip-and-fall incidents potentially have the right to file premises liability lawsuits against the business?

When negligence caused their injuries

Businesses generally carry premises liability insurance that can compensate those hurt due to unsafe property conditions. Even with insurance coverage, litigation may be necessary for injured people to obtain appropriate compensation after an injury on private property. People filing premises liability lawsuits need evidence that they sustained losses and that the business or property owner was at fault. When the courts hear personal injury lawsuits related to premises liability, negligence is often the basis for the compensation claim. The attorney representing the injured person tries to show that the business failed in its duty of care. Frequently, negligence claims and premises liability lawsuits relate to a failure to do what is necessary for safety. Most people understand that rugs are important for collecting moisture and dirt tracked in by visitors. However, those rugs could become a tripping hazard if the business fails to clean them or keep them properly anchored by the door. If a reasonable adult acknowledges that the business failed to do what is necessary for visitor safety, then the plaintiff may have grounds for a premises liability lawsuit. Deferred maintenance and understaffing, as well as inadequate employee training, could all be sources of actionable negligence. If better business practices could have prevented the incident that caused serious injuries, then the injured party may have grounds for a premises liability lawsuit. Reviewing the circumstances of a slip-and-fall can help the injured party explore their options.

What goes into a long-distance parenting plan?

2025-11-06T23:41:01Z

When parents live far apart after a divorce or separation, creating a long-distance parenting plan requires extra care and detail. Unlike traditional custody arrangements where both parents live in the same city or county, long-distance plans must address higher-level challenges related to time, travel and maintaining strong parent-child relationships across distance. With thoughtful planning and cooperation, it is possible to give children stability and meaningful contact with both parents, even when geography makes regular parenting time in both homes difficult. That planning starts with recognition of the fact that every family is different, and that long-distance parenting plans should be tailored to the unique needs of the family at issue accordingly.

Navigating necessary nuances

Long-distance parenting plans typically rely on extended periods of parenting time, rather than frequent short exchanges. School breaks, holidays and summer vacations often become the main times for in-person contact for one parent or the other. For example, one parent might have their child during the school year, while the other has longer periods during the summer. Courts generally favor arrangements that minimize disruption to the child’s education while still preserving consistent parenting time. Travel logistics are another important concern. A plan should specify who is responsible for transportation costs and arrangements. Depending on a child’s age and distance involved, travel may include flights, long car rides or train trips. Younger children might require an accompanying adult or specific flight times, while older children can travel independently. Clarifying these details in a parenting plan can help to prevent disputes later. It is also important to consider the ways that technology can bridge the physical gap through regular video calls, phone conversations and messaging. Setting a consistent communication schedule can be good for kids and parents alike, as doing so can reinforce meaningful connections. Parents should also agree on boundaries for communication to better ensure that calls or virtual visits are respectful of the child’s routine and free from conflict. Long-distance parenting can be emotionally challenging, but with structure and cooperation, it allows children to maintain strong bonds with both parents. Through thoughtful planning, even parents separated by miles can share in the meaningful moments that shape the life experiences of their child.

Can parents prevent their kids from testifying in a divorce case?

2026-02-16T09:39:37Z

Divorce is difficult for everyone in a family, including children. Their entire lives change in an instant. Frequently, they blame themselves or grow angry with their parents. Their emotional responses to the divorce can affect their social relationships, mental health and academic performance. How the parents handle the divorce can directly influence how traumatic it is for the children. If parents are conscientious in how they approach issues, they can shield their children from the worst trauma possible. Some of the most difficult aspects of divorce include witnessing intense parental conflicts and feeling forced to choose a side. Children generally want the love and attention of both parents, and scenarios that force them to choose between their parental relationships can cause emotional harm. In some cases, children may have to express their preferences regarding custody matters during divorce proceedings. Is it possible for parents to shield their children from that difficult experience?

Parents have the ability to settle

Litigated divorce is not the only option. Spouses also have the option of working cooperatively during uncontested divorces. They work with one another to set terms for property division and shared custody. They then submit the details of their agreements to the court, resulting in an amicable, uncontested divorce where the final orders contained terms set by the family, rather than a judge. If parents are able to settle matters with one another, then their children's input is not necessary during divorce proceedings. If parents do litigate their divorces, then their children's preferences may be a consideration that influences the process. Judges hearing contested custody cases typically consider a variety of details, including the wishes of children old and mature enough to express reasonable preferences. Thankfully, there are less intimidating methods for judges to ascertain a child's preferences than open questioning in family court. Actually testifying during divorce litigation is not always necessary. A guardian ad litem could talk with the children, or a judge could interview them in private instead of asking them about their wishes on the stand. Parents who understand the basics of the divorce process can take steps to diminish how stressful the process is for their children. Working together instead of fighting with one another throughout the divorce process can be beneficial for children by shielding them from conflicts and reducing the potential need to express a preference regarding custody arrangements.

3 important facts about spousal maintenance in Minnesota

2026-02-16T09:41:58Z

Frequently, spouses have vastly different incomes. They combine their financial resources and efforts to maintain a relatively comfortable standard of living during marriage. If they, however, one spouse might face a far less comfortable future than the other. Spousal maintenance can help make the outcome of a bit fairer. Also known as alimony or spousal support in other states, Minnesota spousal maintenance involves one spouse making regular payments to the other during or after proceedings. As such, people preparing for high-asset s may need to understand the three critical details about spousal maintenance briefly explained below.

1. Spousal maintenance is not automatic

If couples with minor children , it is standard practice for the courts to calculate child support obligations and impose a financial responsibility on one parent. Social maintenance is different. Children depend completely on their parents, but spouses potentially have the opportunity to support themselves. Therefore, those hoping to secure spousal maintenance have to petition the courts and establish that maintenance is necessary and appropriate given their circumstances.

2. There are multiple types of maintenance

The courts can order maintenance for the duration of the process. They can also order temporary or transitional maintenance that persists for a set amount of time. Usually, the goal is to help one spouse achieve independence by pursuing an education or restarting their career. Indefinite or permanent maintenance is typically only an option in the most unusual and challenging of circumstances.

3. New relationships affect maintenance

The courts can reduce or even terminate spousal maintenance orders when the relationship status of the recipient spouse changes. If the paying spouse remarries, their new marital status does not influence the obligations that they have to their former spouse. If the party receiving maintenance remarries, the courts typically expect their new spouse to provide the support that previously came from maintenance. In fact, it may be possible to reduce or terminate maintenance if the recipient spouse begins cohabitating with a romantic partner. Living with a roommate does not affect maintenance obligations, but moving in with a new romantic partner could lead to a reduction in maintenance or the early termination of an order. Learning about spousal maintenance can help people seek appropriate support in a high-asset scenario. Lower-earning and dependent spouses are often eligible for financial support at the end of a marriage if they can demonstrate need and follow the right procedures.