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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.


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Case Summaries

Family Law

[11/07] Choose Life Illinois, Inc. v. White
In a suit by an interest group seeking on First Amendment grounds to force the state of Illinois to issue "Choose Life" specialty license plates, judgment in favor of plaintiffs is reversed where: 1) specialty license plates implicate the speech rights of private speakers, not government speech; 2) specialty plates are a nonpublic forum; and 3) the state could enforce a content-based but viewpoint-neutral ban disallowing any abortion-related message, whether pro-life or pro-choice, to be displayed on its license plates.

[11/06] Aguilar v. Aguilar
Denial of petition to undo a wife's withdrawal of trust property brought by a remainder beneficiary of the trust is reversed and remanded where: 1) even though the property the wife sought to withdraw was her share of the community property, it was too late for her to withdraw it; 2) irrevocable trusts are binding, even on their trustors; and 3) as the life beneficiary, the wife could continue to enjoy the property as held by the trust.

[11/05] In re A.E.
Order directing both parents to participate in Department of children and Family Services (DCFS)-approved "programs of parent education [and] individual counseling addressing all issues including anger management" is affirmed where the father did not object to the order directing him to participate in counseling sessions.

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