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William L.H. Lubov Recertified as Civil Trial Law Specialist

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From Minnesota State Bar Association:  News Release

March 6, 2012

Contact: Jessica Thomas 612-278-6318

Subject:  William L H Lubov Recertified as Civil Trial Law Specialist

The Minnesota State Bar Association announces the recertification of William L H Lubov of Lubov & Associates LLC as a MSBA Board Certified Civil Trial Law Specialist.  This Certification program is administered by the MSBA and approved by the State Board of Legal Certification.

The certified specialist designation is earned by leading attorneys who have completed a rigorous approval process, including an examination in the specialty area, peer review, and documented experience.  Certified attorneys have demonstrated superior knowledge, skill and integrity in their specific field and can use the designation of specialist to advertise their credentials.  The MSBA has been accredited as an independent professional organization for certifying attorneys as Criminal Law Specialists, Real Property Specialists, Civil Trial Law Specialists and Labor and Employment Law Specialists.  This achievement has been earned by fewer than 3% of all licensed Minnesota attorneys.  More information about Certified Legal Specialists is at http://www2.mnbar.org/certify.

With over 16,000 members, the MSBA is the state's largest and most influential voluntary organization of attorneys, providing continuing legal education and public service opportunities for lawyers, and assitance to the legal system.  The MSBA has been accredited as an independent professional organization for certifying attorneys as Civil Trial Law Specialists since 1989.

 

Presumption for Equal Parenting Time

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With the 2012 legislative session kicking off, once again we will face a bill containing a presumption that divorcing or separating "parents shall share time with the child as equally as possible." While there are special circumstances where splitting their time equally between two households may be what is best for the children, that arrangement should not, and cannot, be the default. The only outcome on which all social scientists agree is that exposure to inter-parental conflict is harmful for children. This bill would force more exchanges and more communication between divorced or separated parents, greatly increasing the chances that the children will witness ongoing conflict.

Whatever biases various blogs and advocacy groups may perceive to exist in the world of Family Court, the proper way to address them is not with blunt, legislative action. And by blunt, we mean a law that states that the joint custody presumption "may only be overcome by demonstrating an unfitness of the parent being challenged that would cause substantial harm to the children."

Under the proposed legislation, unless a parent is proven to be substantially harmful to the children, each parent will have essentially equal parenting time with the children. The bill as presented in 2011 went further to state, "Allegations of substance abuse, mental illness, spousal or child abuse or neglect, and any subsequent issuance of protective orders are not sufficient to cause cessation or reduction in parent and child contact. Only written findings of substantiated abuse are sufficient to allow the court to deviate from the joint physical custody arrangement and award physical custody to one parent."

So, despite the children being under three years of age, or one parent moving a substantial distance from the marital home, or the children participating in multiple extra-curricular activities, or the parties never agreeing on a single decision in the children's lives, or one parent traveling extensively for work, under the proposed law, the Court shall Order the children to spend substantially equal time with each parent, if requested by either party.

If anything above raises the little hairs on the back of your neck, we strongly encourage you to contact your local representatives in the state legislature to discuss this proposed legislation. As the law stands now, the Court must focus on the thirteen statutory factors that delineate the best interests of the children, giving no greater weight to one any factor than the others. With proper guidance and counsel through the system, the current law keeps the focus in custody/parenting-time disputes exactly where it should be . . . on the children.

https://www.revisor.mn.gov/statutes/?id=518.17

 

Congratulations Nobel Laureates!

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Congratulations to Liberian President Ellen Johnson Sirleaf and Liberian activist Leymah Gbowee who, along with Tawakkul Karman of Yemen, won this year's Nobel Peace Prize.  We at Lubov & Associates have the great fortune to work with many of the members of the honorable Liberian community that thrives here in the Twin Cities area.  Our associate, Ryan, thoroughly enjoyed his dinner and festivities with the Liberian community to celebrate their 146th Independence Day (July 26, 2011) at the Crowne Plaza in Brooklyn Center back on July 23.
 

Ryan Anderson's Upcoming CLE Presentation

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On November 12, 2011, Ryan D. Anderson will be presenting a CLE to the Minnesota State Bar Association – Family Law Section on the Paperless Protocol created and implemented at Lubov & Associates, LLC. Ryan appreciates the opportunity to share this cost-saving and environment-protecting office procedure with his esteemed colleagues. With the advances made by the Hennepin County Court system in their efforts to “go paperless,” the timing could not be better. For any MSBA Family Lawyers reading this, he hopes to see you in November!

 

The Flying McCoys

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New Meeting Protocol for Lubov & Associates!

theflyingmccoys

 

Spousal Maintenance - What is it and how do I get some?

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Spousal maintenance, formerly known as alimony, is what one ex-spouse pays to the other for a period of time following the dissolution of their marriage for the support of the ex-spouse. Despite the fact that Family Court Judges must follow the criteria contained in Minn. Stat. § 518.552 when determining whether to award one party spousal maintenance, this issue represents the grayest of all gray areas in the financial area of family law. For child support, we have a calculator; for property division, we start at 50/50 and work from there. For spousal maintenance, we start with the premise that the party asking for spousal maintenance must prove that he or she has the need for it, AND that the other spouse has the ability to pay it. Sounds simple, right? Well, it isn’t.

Read more... [Spousal Maintenance - What is it and how do I get some?]
 
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Lubov Anderson, LLC
7500 Olson Memorial Highway
Suite #180
Golden Valley, MN 55427
Phone: (763) 529-4200

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