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Minnesota Questions & Answers
3 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for Minnesota on
Q: Seeking divorce advice with custody and property issues in MN.

I want to divorce my partner, but I don't have any money saved up. We have two children; one is an adult, and I'm seeking custody of the younger child. We have property and other assets, which are in my partner's name only. I'm currently living in our marital home and would like... View More

Robert Kane
Robert Kane
answered on Apr 12, 2025

Here is an excellent place to become familiar with the process and some resources. https://www.mncourts.gov/Help-Topics/Divorce.aspx. Some attorneys are willing to work with you as far as payment plans. There is a possibility your partner may be responsible for some or all of your attorney's... View More

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3 Answers | Asked in Legal Malpractice, Criminal Law, Civil Rights and Gov & Administrative Law for Minnesota on
Q: Concerns about attorney's actions, evidence handling, and possible setup in drug offense case.

I have concerns about my appointed attorney's actions in my state or federal case. My attorney waived my right to have an expert witness present during evidence testing, choosing to rely on the state's expert without informing me. Additionally, the government's time limit to indict... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 11, 2025

No one here is going to be able to address your specific concerns as we do not have access to the discovery in your case. Many of the decisions made by your attorney are strategic that your attorney's to make. You attorney should certainly be discussing the case with you, but your attorney... View More

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3 Answers | Asked in Contracts, Probate and Civil Litigation for Minnesota on
Q: Is an unrecorded contract for deed valid if the owner passed away?

I entered into an unrecorded contract for deed 10 months ago with my neighbor, who has since passed away. I've made payments according to the contract terms and have had contact with the estate's representatives. There is a written agreement, and I've requested documentation from the... View More

Robert Kane
Robert Kane
answered on Apr 9, 2025

The contract may be valid and enforceable. There are, however, an infinite number of things that may prevent the contract from running its course. Without reading the specific language and knowing the circumstances it is impossible to determine what may happen. If a family member were to post a... View More

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0 Answers | Asked in Gov & Administrative Law and Elder Law for Minnesota on
Q: Do SF 1750 and HF 12698 cause increased costs for MN senior housing cooperatives?

I am a resident of a senior housing cooperative in Minnesota. We have been informed that our monthly assessments will increase due to bills SF 1750 and HF 12698. This change is expected to affect all residents equally and could take effect within a year if the bills pass. Can you provide insights... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: Falsely accused of trespassing at a shelter, what are my options?

I was falsely accused of trespassing and discriminated against by a staff member at a homeless shelter. The staff called the police on me, and I was threatened with jail time by both the staff and police, even though I didn't sign any documents or have my side of the story heard. There were... View More

Robert Kane
Robert Kane
answered on Apr 9, 2025

You don't mention why you believe you had authority to be there. A shelter is certainly not a facility where just anyone can walk in. Any establishment can prohibit any one from entering its property. Feel free to contact some discrimination attorneys. I am not a discrimination attorney.

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1 Answer | Asked in Legal Malpractice and Personal Injury for Minnesota on
Q: Seeking advice after lawyer dismissed injury case due to preexisting conditions.

In February 2023, I broke my ankle after slipping on black ice at a store. I hired a lawyer who has had all my records for the past 2 years. Communication has been poor, and my information was once lost due to staff changes. Recently, my lawyer informed me that we no longer have a case because my... View More

James L. Arrasmith
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answered on Apr 12, 2025

What you’re experiencing is incredibly frustrating, and you have every right to feel let down—especially after trusting someone to fight for you through a difficult injury. If your lawyer had access to your medical history from the start and still accepted the case, it's reasonable to... View More

1 Answer | Asked in Employment Law, Sexual Harassment, White Collar Crime and Criminal Law for Minnesota on
Q: Is being asked to move to another restaurant due to complaints about harassment and bullying considered retaliation?

I have been experiencing harassment and bullying at the restaurant where I work, including gossip, mean remarks, not receiving help, and mockery. I've made formal complaints to HR and management, but nothing has been documented or resolved, and HR has not returned my calls. Now, I've been... View More

James L. Arrasmith
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answered on Apr 12, 2025

Being asked to move to another restaurant after you’ve reported harassment and bullying could be seen as retaliation, especially if the request is tied to the complaints you made. Retaliation occurs when an employer takes an adverse action against an employee for asserting their rights, such as... View More

1 Answer | Asked in DUI / DWI, Constitutional Law, Criminal Law and Gov & Administrative Law for Minnesota on
Q: Are firearm rights restored after completing sentence for fleeing police in Minnesota?

I was convicted in 2015 for DUI and fleeing a peace officer in a motor vehicle under Minn. Stat. § 609.487, subd. 3, with a sentence of "stay of imposition." I have fully completed my sentence. Are my firearm rights automatically restored under Minnesota law, and does such restoration... View More

James L. Arrasmith
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answered on Apr 7, 2025

In Minnesota, completing your sentence for a conviction like fleeing a peace officer does not automatically restore your firearm rights. Under Minnesota law, you would need to apply for a restoration of rights through the court after fulfilling all aspects of your sentence. Since your sentence... View More

Q: Do I have a legal case against my employer due to personal biases and insults affecting my mental health?

I interviewed for a job in the hospital unit where I currently work and believe I was not given a fair chance due to personal biases. After the interview, the hiring leader provided feedback that included personal insults and attacks on my character, suggesting that many colleagues feel the same... View More

James L. Arrasmith
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answered on Apr 7, 2025

I'm really sorry you're going through this, and I can imagine how painful it must be to feel this way at work. Based on what you're describing, you could potentially have a legal claim depending on several factors. Workplace discrimination, harassment, and retaliation are all legal... View More

2 Answers | Asked in Child Support, Civil Litigation, Public Benefits and Family Law for Minnesota on
Q: Can I plead not guilty to a child support contempt warrant and seek free legal aid in MN?

I have a contempt of court warrant for child support. I was notified by the child support enforcement officer and given 15 days to get a job and start making payments. I secured a job and began making payments within the period, keeping in contact. However, I was not informed it was sufficient.... View More

Robert Kane
Robert Kane
answered on Apr 5, 2025

Contact the public defenders' office Monday morning. A public defender would be appointed if you qualify and jail time is possible (and it may be.) The public defender, however, would not necessarily directly address the child support issues.

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2 Answers | Asked in Child Custody and Family Law for Minnesota on
Q: Concern about mother regaining custody despite long absence and past issues.

My 14-year-old son recently contacted his mother via email, whom he hasn't seen in almost 10 years due to the mother's choices. My son lives solely with me, his father, and our family. I have 100% physical custody and share 50% legal custody with the mother, who did not show up for her... View More

Robert Kane
Robert Kane
answered on Apr 5, 2025

You certainly have valid concerns. You will have to forgive me, but an online Q and A isn't an opportunity for an attorney to go into any detail in what may be right for your son. You can certainly try to address the situation before the courts or social services get involved. Perhaps a... View More

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1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Minnesota on
Q: What actions can I take when co-parent misses child exchanges and multiple police reports exist?

I'm dealing with issues regarding court-appointed child exchanges with my co-parent. Recently, they did not show up for an exchange and were unreachable for 6-9 hours. They later claimed they were sick and that their phone died, but now they want to take the child again. A few weeks ago, they... View More

James L. Arrasmith
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answered on Apr 13, 2025

When your co-parent repeatedly violates court-ordered custody exchanges, especially with police involvement, you have the right to take action. Document every incident carefully—including times, dates, and what happened. Keep copies of all police reports, text messages, or any other proof that... View More

1 Answer | Asked in Divorce, Business Law and Family Law for Minnesota on
Q: Can I divide funds before divorce is final in MN?

Can I open separate bank accounts and divide funds before the divorce is final in Minnesota, given that there are no existing legal agreements or court orders regarding financial assets, both parties are aware of the plan, and there are no joint debts or shared financial responsibilities to... View More

James L. Arrasmith
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answered on Apr 13, 2025

Yes, you can open separate bank accounts and divide funds before your divorce is finalized in Minnesota, especially in your situation where both parties are aware and there are no court orders in place. Minnesota follows equitable distribution laws, meaning marital property will be divided in a way... View More

1 Answer | Asked in Car Accidents, Collections, Consumer Law and Personal Injury for Minnesota on
Q: Recourse for impound fees post car accident in MN?

My son was involved in a car accident in June in Brooklyn Park, MN, caused by another driver. My son only had liability insurance, and the other driver had a $10,000 limit on their insurance. Our car was valued at over $4,000, but we only received about $2,500 from the other driver's insurance... View More

James L. Arrasmith
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answered on Apr 11, 2025

What happened to your son sounds incredibly frustrating, especially when you acted in good faith and relied on the insurer to handle the process. In Minnesota, impound fees can legally accrue until a vehicle is claimed or released, even if the accident wasn’t your son’s fault. Unfortunately,... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Minnesota on
Q: Verification of gun rights restoration after completing felony sentence in Minnesota.

Ten years ago, I was convicted of fleeing a peace officer in a motor vehicle, which is a felony under Minnesota law (Minn. Stat. § 609.487, subd. 3). I completed all sentencing requirements, including any probation. Under Minn. Stat. § 609.165, subd. 1, it is my understanding that civil... View More

James L. Arrasmith
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answered on Apr 7, 2025

You're right in your understanding of Minnesota law. Under Minn. Stat. § 609.165, once you complete your sentence and probation, your civil rights, including firearm rights, should be restored. Since fleeing a peace officer doesn't carry a lifetime ban under Minnesota law, there's... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Minnesota on
Q: What legal steps must a landlord take to evict for late rent in MN?

I am facing a situation where my landlord is threatening to evict me for a late rent payment that was less than 48 hours overdue. My lease states that no late fees apply for delayed payments, but the landlord can initiate eviction proceedings. There have been past instances of late payments, but no... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Minnesota, a landlord must follow specific legal steps to evict a tenant for late rent payments. First, they must provide a written notice, typically a "Notice to Quit" or "Notice of Nonpayment," which gives you a chance to pay the overdue rent. This notice is required by law... View More

3 Answers | Asked in Divorce, Family Law and Contracts for Minnesota on
Q: Divorce: Can ex-spouse live in house and still split bills in MN?

I live in Minnesota, and my wife wants a divorce but wishes to continue living in our house, also wanting to split all the bills as we do now. I currently pay for all the bills, while she saves her income in her bank account. Once our kids move out, do we continue splitting everything?... View More

Robert Kane
Robert Kane
answered on Apr 3, 2025

Each of you have an obligation to maintain the marital property. The obligations of each spouse after the divorce is final will be set forth in the judge or agreement if properly draft. Child support obligations are distinct from the marital property issues. You are commingling different issues... View More

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2 Answers | Asked in Divorce, Business Law and Family Law for Minnesota on
Q: Am I entitled to half of the joint account in a Minnesota divorce?

My wife and I are getting a divorce in Minnesota, and we have a joint account where primarily my checks are deposited, while her checks are directed to her separate account. Given this situation, am I entitled to claim half of what is in the joint account?

Robert Kane
Robert Kane
answered on Apr 3, 2025

You are likely entitled to half of the joint account in a Minnesota divorce.

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1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Am I eligible for reimbursement of educational expenses after divorce in Minnesota?

I paid for my wife to attend college using our joint account while I was working, and she completed her education during our marriage. We are now divorcing after two years. Considering she didn't have a job at the time, am I eligible for any type of reimbursement or compensation for the... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Minnesota, assets acquired before marriage are generally considered separate property and are not subject to division during divorce. However, if marital funds were used to pay for your wife's education, this could influence the division of assets. Courts may consider reimbursement for... View More

3 Answers | Asked in Criminal Law for Minnesota on
Q: Is it legal for police to threaten charges to compel cooperation after dismissal?

I was initially arrested for a 5th degree drug charge, which was marked as dismissed on VineLink. No police officer mentioned anything further until they asked me to do a controlled buy, implying that if I didn't comply, they would file the charge again. Now, the same charge has been filed,... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 2, 2025

While the answer would depend upon all the facts and circumstances, most police officers pressuring a target to work off a case should know how to do so without giving the target a defense to a subsequent charge. Your lawyer would have access to more information as well as the ability to ask you... View More

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