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Shelley Torvinen
About | Practice Areas
Wiscota Law and Mediation PLLC
11 East Superior St Suite 504 Duluth, MN 55802» view map
Divorce & Family Law
Your Trusted, Experienced Local Attorney

When you choose mediation through Wiscota Law & Mediation, you can work together for a more agreeable outcome and greatly reduce your legal fees.

800-918-9221
1. Shelley Torvinen Duluth, MN
  Attorney at Law - WI, 1994
  Hamline University J.D. 1993
2. AboutWiscota Law and Mediation PLLC
  Your Trusted, Experienced Local Attorney
3. Practice AreasExpertise
  Divorce & Family Law
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LEGAL TERMS

CONSUMMATION

The actualization of a marriage. Sexual intercourse is required to 'consummate' a marriage. Failure to do so is grounds for divorce or annulment.

ADOPTED CHILD

Any person, whether an adult or a minor, who is legally adopted as the child of another in a court proceeding. See adoption.

ADULTERY

Consensual sexual relations by a married person with someone other than his or her spouse. In many states, adultery is technically a crime, though people are ra... (more...)

Consensual sexual relations by a married person with someone other than his or her spouse. In many states, adultery is technically a crime, though people are rarely prosecuted for it. In states that have retained fault grounds for divorce, adultery is always sufficient grounds for a divorce. In addition, some states alter the distribution of property between divorcing spouses in cases of adultery, giving less to the 'cheating' spouse.

NO-FAULT DIVORCE

Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along... (more...)

Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along. Until no-fault divorce arrived in the 1970s, the only way a person could get a divorce was to prove that the other spouse was at fault for the marriage not working. No-fault divorces are usually granted for reasons such as incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage. Also, some states allow incurable insanity as a basis for a no-fault divorce. Compare fault divorce.

CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

A federal law requiring that employers offer employees -- and their spouses and dependents -- continuing insurance coverage if their work hours are cut or they ... (more...)

A federal law requiring that employers offer employees -- and their spouses and dependents -- continuing insurance coverage if their work hours are cut or they lose their job for any reason other than gross misconduct. Courts are still in the process of determining the meaning of gross misconduct, but it's clearly more serious than poor performance or judgment. COBRA also makes an ex-spouse and children eligible to receive group rate health insurance provided by the other ex-spouse's employer for three years following a divorce.

INCURABLE INSANITY

A legal reason for obtaining either a fault divorce or a no-fault divorce. It is rarely used, however, because of the difficulty of proving both the insanity of... (more...)

A legal reason for obtaining either a fault divorce or a no-fault divorce. It is rarely used, however, because of the difficulty of proving both the insanity of the spouse being divorced and that the insanity is incurable.

SEPARATE PROPERTY

In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's... (more...)

In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's property division laws, but is kept by the spouse who owns it. Separate property includes all property that a spouse obtained before marriage, through inheritance or as a gift. It also includes any property that is traceable to separate property -- for example, cash from the sale of a vintage car owned by one spouse before marriage-and any property that the spouses agree is separate property. Compare community property and equitable distribution.

PETITION (IMMIGRATION)

A formal request for a green card or a specific nonimmigrant (temporary) visa. In many cases, the petition must be filed by someone sponsoring the immigrant, su... (more...)

A formal request for a green card or a specific nonimmigrant (temporary) visa. In many cases, the petition must be filed by someone sponsoring the immigrant, such as a family member or employer. After the petition is approved, the immigrant may submit the actual visa or green card application.

GUARDIAN

An adult who has been given the legal right by a court to control and care for a minor or her property. Someone who looks after a child's property is called a '... (more...)

An adult who has been given the legal right by a court to control and care for a minor or her property. Someone who looks after a child's property is called a 'guardian of the estate.' An adult who has legal authority to make personal decisions for the child, including responsibility for his physical, medical and educational needs, is called a 'guardian of the person.' Sometimes just one person will be named to take care of all these tasks. An individual appointed by a court to look after an incapacitated adult may also be known as a guardian, but is more frequently called a conservator.

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