FAMILY LAW

 Family Law

When a family is in the throes of change, the qualities of the attorneys who represent them become crucial. Moss & Barnett’s Family Law group offers a unique blend of honesty, objectivity, discretion and compassion, combined with the years of experience needed to bring a common sense perspective to the proceeding. In addition, the family law attorneys at Moss & Barnett have earned national reputations for their contributions to developing and interpreting Minnesota family law.

We educate and advise our clients, helping them make clear, rational decisions in the face of sensitive personal issues. Our advice unites our own expertise with the resources of a broad spectrum of other professionals. These might include:

  • Other Moss & Barnett attorneys with expertise in business, trusts and estates, tax law and employee benefits
  • Accountants with expertise in business valuations and family finance
  • Therapists
  • Mediators or arbitrators

Our clients are involved throughout the process, for this is the key to creating an acceptable solution and to avoiding unnecessary litigation. We are dedicated to using Alternative Dispute Resolution, but we are also prepared to zealously litigate whenever that is in the client’s best interest.

A substantial part of our family law practice involves cases with:

  • Businesses
  • Professional practices
  • Intellectual property
  • Complex spousal maintenance and asset valuation issues, including identifying marital and non-marital property.

Among the services provided by Moss & Barnett’s family law attorneys are the following:

  • Negotiating and drafting premarital and post-marital agreements
  • Assisting clients through dissolution proceedings, seeking resolution through early settlement and litigating, if necessary
  • Helping clients resolve custody and related issues
  • Advising clients concerning the impact of family law matters on businesses, professional practices, non-marital property, intellectual property and other complex financial arrangements
  • Consulting with clients regarding asset protection, including protecting all income-producing assets and activities
  • Representing clients on appeals
  • Advising clients regarding modification of existing court orders
  • Mediating disputes as neutral intermediaries

Ultimately, the Moss & Barnett Family Law group seeks to guide clients through difficult personal matters so they will do the right thing for themselves, their family members, their business or professional relationships, and all others affected by the matter. We help our clients take the high road while dealing with some of life’s most difficult and disruptive family law matters.



Related

News Headlines


Case Summaries

Family Law

[05/12] In re Marriage of Holtemann
In a dispute about the legal effect of a spousal property transmutation agreement executed during marriage, judgment finding the underlying agreement effectuated a transmutation of husband's separate property into community property is affirmed where: 1) the unambiguous language in the parties' agreement evinced that the husband intended to, and did transmute his separate property; 2) nothing in the record suggested that the husband was misinformed or misled in light of the requisite express, unequivocal declarations of transmutations; and 3) his arguments for disparate treatment of his express declarations of transmutation based on his lack of separate counsel were unavailing, as he was fully advised of the consequences of failing to secure separate counsel, yet chose to proceed.

[05/09] Baran v. Beaty
In a case involving a mother who removed her minor son from Australia, denial of father's petition for return of the minor pursuant to the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act of 1988 is affirmed where: 1) based on evidence of the father's propensity for violence, the district court did not err in concluding that returning the minor to Australia would expose him to a grave risk of psychological harm; and 2) because the court was not presented with any proposed undertakings that could ameliorate the risk of harm to the child under the circumstances presented, the court did not abuse its discretion in denying the petition for return.

[05/06] In re Domestic Partnership of Ellis and Arriaga
Under the California Domestic Partner Rights and Responsibilities Act of 2003 and consistent with the rationale in Koebke v. Bernardo Heights Country Club, 36 Cal.4th 824 (2005), a person's reasonable, good faith belief that his or her domestic partnership was validly registered with the California Secretary of State entitles that person to the rights and responsibilities of a registered domestic partner, even if the registration never took place.

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