Family Law | O'Keeffe O'Brien Lyson Attorneys - Part 2

Family Law

March 6, 2018
adoption stepparents family law fargo nd

Adoption by Stepparents in North Dakota and Minnesota

There are many children in North Dakota and Minnesota who may be residing in single parent households, due to unexpected accidents, an absent parent or the loss of a parent. In some cases, a child’s surviving parent enters into a new marriage with another individual and this new stepparent desires […]
January 29, 2018
child support family law fargo nd

The Importance of Child Support in Minnesota

Children in the state of Minnesota require financial and emotional assistance as well as support from both parents. To achieve these goals, the state’s child support program helps parents who are no longer together make sure that there are adequate finances to support the child. Not only does child support […]
January 23, 2018
divorce new year family law fargo nd

A New Year Brings New Beginnings…Including Divorce?

In North Dakota, the month of January often brings with it the uncertainty of frigid temperatures, changing weather conditions, treacherous driving conditions and increased car accidents.  But along with that uncertainty, the new year also brings with it the promise of new beginnings.  Many people take the opportunity to reflect […]
December 18, 2017
firearms laws in nd criminal law fargo nd

Firearms and North Dakota Restraining Orders

The North Dakota Supreme Court recently invalidated a restraining order that was filed against a gun owner by his former partner. This decision was based on the North Dakota Supreme Court’s finding that a North Dakota district court incorrectly upheld a disorderly conduct restraining order against a person who carried […]
December 6, 2017
New child law ND criminal law fargo nd

McKenna’s Law

Signed into law in May of 2017 and effective on August 1, 2017, McKenna’s Law is designed to make sure that all children in Minnesota in need of protection or services have access to adequate legal representation. Written by Senator Jerry Relph, the bill passed unanimously in both the House […]
November 30, 2017
business money issues business law fargo nd

Signs that a Spouse is Hiding Assets

When it comes to divorce, both Minnesota and North Dakota are equitable distribution states in which marital property is divided between spouses in a manner that a court of law decides is fair. In these types of divorces, it is not uncommon for former spouses to hide assets from one […]
November 14, 2017
Estate planning for young parents business law fargo nd

Reasons Why Younger Individuals Should Create Estate Plans

Even though many people believe that estate planning should only be considered by older adults, there are some particular reasons why younger individuals should begin estate planning. Each year, a large number of young adults in North Dakota and Minnesota experience unforeseen events that would greatly benefit from the existence […]
November 10, 2017
DNR orders business law fargo nd

Do Not Resuscitate Orders in North Dakota and Minnesota

In 1991, Congress passed into law the Patient Self-Determination Act, which requires hospitals to respect an individual’s health care decisions. North Dakota and Minnesota are just two of the 49 states that permit an individual’s loved ones to make decisions in the case of incapacity. As a result, it is […]
October 19, 2017
telemedicine care personal injury law fargo nd

Minnesota Passes New Standardizing Telemedicine Care

A law became effective on August 1, 2017, in Minnesota which requires telemedicine providers to meet the same level of care as physicians who see patients in person. This regulation, called S.F. 1353, was unanimously passed by legislators in the state and was then approved by Governor Mark Dayton on […]
October 11, 2017

Lost Estate Planning Documents

Not only is it critical for individuals to decide their plans for after death and to accurately reflect these decisions in an end of life document, it is also important to place these documents in a location where the documents will remain secure and easy to find. Unfortunately, when estate […]
September 27, 2017
new child car laws criminal law fargo nd

North Dakota Passes Child Passenger Laws

Recently, numerous state laws were passed by in the 2017 session of the North Dakota legislature. One of the laws involves changes to North Dakota’s existing child passenger safety law. The new law extends the time during which a child is required to ride in a restraint seat by one […]
September 11, 2017
New dental Hygienist laws MN business law fargo nd

Dental Hygienists in Minnesota Get Break Under New Laws

Many groups and individuals benefited from the Minnesota Legislature’s activities during the 2017 legislative session. A number of laws were presented to the governor and signed into law, with several important laws going into effect on August 1 of this year. Dental hygienists and those without easy access to basic […]
September 1, 2017

How to Plan Your Estate in North Dakota

It is important that individuals follow some cautionary advice when making their estate plans. The importance of this planning was recently highlighted in a case involving the musician Prince. After Prince died in 2016 without a will and much litigation occurred regarding how his estate should be divided, a judge […]
August 30, 2017
personal representative responsibilities business law Fargo North Dakota

Will Substitutes

Wills are important estate planning devices because they dictate how property will be distributed after a person’s death. While wills are recommended and essential in a person’s estate planning process, there are many will substitutes that can serve similar purposes. Will substitutes offer several unique advantages which include that wills […]
August 16, 2017
weho owns engagement ring family law fargo nd

Who Owns the Engagement Ring After a Failed Engagement

Each year, a number of young couples become engaged to be married. Unfortunately, not all of these engagements result in marriage, and some relationships dissolve prior to the wedding. In addition to the various painful and challenging obstacles that come as the result of ending a romantic relationship, couples are […]
August 10, 2017
new Minnesota laws criminal law Fargo North Dakota

North Dakota Postnuptial Agreements

Most individuals are familiar with prenuptial agreements, but most would be surprised to learn that the American Academy of Matrimonial Lawyers reports that the number of postnuptial agreements is on the rise. Postnuptial agreements can greatly help decide the terms of marital separation or divorce. Introduced in 2013, laws concerning […]
August 4, 2017
paternity testing family law Fargo nd

Paternity Testing

June 15, 2017
C;learing title after a death real estate law fargo nd

Advice on Clearing Title After the Death of a Spouse in North Dakota

In many cases, spouses own property jointly which means that property is equally owned by the two individuals. This type of property ownership, however, can create some unique considerations in the event that a spouse dies. A real property attorney at O’Keeffe Attorneys can assist with a number of issues […]
June 1, 2017
Annulment in nd family law fargo nd

Annulment in North Dakota

Contrary to popular belief, there are two ways to legally end a marriage. One is divorce, and the other is through an annulment. Divorce is the legal termination, or ending, of a marriage. An annulment, on the other hand, is completely erasing a marriage. In legal terms, this means that […]
May 22, 2017

North Dakota Child Custody

One of the worst and most stressful parts of a divorce or break up is often the matter of child custody. As stressful and confusing as it may be for you, imagine how confused the children must be. In North Dakota, when determining child custody, the courts make their decisions […]
May 15, 2017

Can You Leave Your Money to Your Pet?

Rather leave your fortune to your dog?  Fortunately for your human family, you can’t.  Pets are legally classified as personal property in North Dakota and Minnesota, so they cannot own property themselves.  However, you can create an Animal Trust to ensure that your dog, cat, or other pet does not […]
May 8, 2017

The Importance of Wills

When a loved one dies, it can be a trying time emotionally for everyone involved. Often times after death, it can also be stressful to figure out the distribution of the recently deceased’s assets, property, and belongings. When a person dies without a will, it can lead to a lot […]
April 28, 2017

When You Need to Return to Family Court

When parties divorce who have children in common, they implicitly (and, oftentimes, unwillingly) enter into a long-term relationship with the North Dakota family law court and judge that have jurisdiction over their cases. As the couple’s child grows and develops, one parent or the other will invariably feel the need […]
April 26, 2017

Why Have a Family Law Attorney Draft Your Pre-Nup

Prenuptial agreements (often simply referred to as “pre-nups”) are often recommended for couples who anticipate marrying one another and who have valuable assets – like a business – the value of which they wish to preserve in the event the marriage fails. A properly executed prenuptial agreement can provide clarity […]
April 24, 2017

Tips for Communicating with the Other Parent Following a Divorce

Communication problems are a common reason that North Dakota marriages fail, and divorce proceedings can exacerbate them. While this may be annoying when ex-spouses need to communicate about issues surrounding their divorce, when ex-spouses have children in common, communication difficulties can lead to needless legal hearings and intense arguments. Communicating […]