Family Law | O'Keeffe O'Brien Lyson Attorneys - Part 3

Family Law

November 10, 2017

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

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

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

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 […]
August 30, 2017

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

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

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 […]
June 15, 2017

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 […]
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 […]
April 3, 2017

Grounds for Divorce in North Dakota

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

Top Five Things Your Estate Plan Might Not Address, but Should

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 […]
March 10, 2017

When Your Personal Representative Will Not Do the Job

Selecting an appropriate personal representative when creating your will is a critical step. You want to be able to trust your representative to faithfully carry out your final wishes reflected in your will. As a result, you and other North Dakota residents will often choose close family members or friends […]
March 8, 2017

Pet Custody in a Divorce

Americans love their pets. 65% of households—nearly 80 million—have a pet, and a majority of pet owners consider their pets “family members.” Couples seeking to split are increasingly likely to bring pets into their divorce proceedings, with 88% of such cases involving dogs. Despite the way many people regard their […]
March 3, 2017

Parenting Plans and Parenting Time

A parenting plan describes the child custody arrangement that you and your separating spouse will adhere to after a divorce. According to section 14-09-00.1 of the North Dakota Century Code, a parenting plan “describes each parent’s rights and responsibilities.” Section 14-09-30 elaborates on what such a plan must contain. If […]
February 27, 2017

Determining and Changing Spousal Support

In North Dakota, judges have broad discretion in ordering one spouse to provide financial support to the other spouse in the event of a divorce. Spousal support (or “alimony”) is usually paid in regular installments and is intended to level the playing field for both parties. Perhaps one spouse had […]
February 17, 2017

Communicating Your Intentions: Estate Planning with Your Family

An estate plan contains arrangements for handling your affairs in case of incapacity or death. Many people concentrate on the material aspects of estate planning—the distribution of assets through a will, for example—but fail to address important considerations such as medical care during times of incapacity, or the guardianship of […]
February 10, 2017

Protect the Elderly from Financial Exploitation

When our loved ones grows old, we are often on the lookout to protect them against instances of nursing home abuse or neglect. There are other ways in which elder abuse occurs, such as when vulnerable individuals are exploited for their financial resources. Section 50-25.2-01 of the North Dakota Century […]