Family Law
January 23, 2018
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
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
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
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
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
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
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
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
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
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
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
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
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
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 […]
June 15, 2017
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
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
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
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
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 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
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
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 […]
April 3, 2017
The divorce process is an extremely emotional time for spouses who decide to separate. Divorce is a difficult time for the entire family, and is not made any easier by the legal process involved. Having a basic understanding of the divorce law in North Dakota can help. First, North Dakota […]
March 13, 2017
The main purpose of an estate plan is to provide a comprehensive set of directions to your personal representative and the courts as to how your assets should be treated and your affairs are settled following your death. The more comprehensive your estate plan is, the less courts and your […]