Minneapolis Divorce Attorney & Lawyer : Minnesota Family Law Firm : Brown Law Offices : St. Paul, Twin Cities MN

It was a privilege to spend some time with WCCO's Esme Murphy last Saturday evening. Esme and I discussed a number of family law issues unique to Minnesota, in the wake of the pending divorce between Arnold Schwarzenegger and Maria Shriver.

On a personal note, a real thrill to share the same air as Steve Cannon, Charlie Boone and Sid Hartman, among others - if only for a short time.

Topics addressed in the interview include custody, child support, spousal maintenance, property division, no-fault divorce, common misconceptions, and the subtle differences litigants will find from county to county.

Run Time: 13:54

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In this edition of The Family Law Show, we offer an overview of the standards Minnesota judges use in determining the physical and legal custody of children.

Custody is an emotionally-charged issue, with a lot of uncertainty for parents and kids.

Topics in this podcast include the difference between physical custody and legal custody, joint custody as compared to sole custody, the "best interest of the child" factors and the key facts judges look toward in making custody decisions.

Run Time: 12:52

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In this edition of The Family Law Show, Jason Brown summarizes the law, purpose and contents of nuptials - whether pre, ante, or post.

The law in Minnesota is clear: nuptials must be both procedurally and substantively fair in order to be enforceable. But what does that mean?

Topics addressed in this podcast include: typical clients who seek nuptials, the difference between a prenuptial agreement (or antenuptial agreement) and a postnuptial agreement, the specific criteria the court will use in scrutinizing nuptials and a general framework for an effective prenuptial, or postnuptial, agreement.

Run Time: 15:16

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In this episode of The Family Law Show, Jason Brown outlines the four ways in which the Court may conclude a divorce in Minnesota. 

Whether your case is contested, uncontested, settled, or requires a trial, certain procedural requirements must be met in order for the Court to execute a divorce decree.

Topics addressed in this pocast include include pure default hearings, default hearings by agreement, in-chambers review and matters addressed by the Court following a trial.

Run Time: 14:01

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The Family Law Show returns, with a summary of the issues involved in obtaining, or defending against, an Order for Protection or Harassment Restraining Order. 

The conduct giving rise to either Order may impact litigants in three types of cases: a civil case, a family case and a criminal case - often concurrently.

Topics discussed in this podcast include Minnesota's Domestic Abuse Act, the impact an OFP or Restraining Order may have in family court, the standards and procedures involved in obtaining an Order for Protection, the standards and procedures involved in obtaining a Harassment Restraining Order and the criminal consequences that may stem from violating either type of Order.

Run Time: 15:13

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In this edition of The Family Law Show we summarize how judges value and allocate assets and debts as parties dissolve their marriage.  

Every case, regardless of the age, income or educational level of the litigants, will involve an analysis of the relevant property interests of the couple - even if they've only been married for a short time.

Topics discussed in this podcast include the concealing of assets, tools for uncovering assets, the difference between marital and non-marital property, and the general rule of an equal division of assets and debts, despite the relevant statute requiring a "just and equitable" distribution.

Run Time: 13:24

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The Family Law Show returns with an overview of spousal maintenance (alimony) awards under Minnesota law.

Alimony is an emotionally-charged issue, with significant financial implications for both parties. The spouse asked to pay rarely wants to, while the spouse asking for support usually needs it. What is the Court going to do?

Topics discussed in this podcast include the role fault plays in an alimony award, the factors the court will examine in determining how much alimony is appropriate, the factors the court will examine in determining how long alimony should be paid, and the tax implications of spousal maintenance payments.

Run Time: 13:18

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The latest installment of The Family Law Show is ready for your inspection: "Two Years of Litigation in Ten Minutes." We provide a brief overview of how divorce cases are litigated.

The vast majority of the cases we handle settle short of trial. But, even in those situations, the litigants should understand how the process unfolds.

Topics addressed in this podcast include the difference between a contested and uncontested divorce, the initial case workup, service of the summons and petition, temporary motions, mediation, pre-trial conferences, discovery, experts, trials and appeals.

Run Time: 10:52

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The Family Law Show is back with an easy-to-understand summary of Minnesota's child support laws.

Of the issues involved in a divorce, child support is the most black and white. That is not to say, however, that there are no shades of gray.

Topics addressed in this podcast include the basic child support, medical support and childcare support, the modification of child support, the relationship between parenting time and child support offsets and how to calculate the appropriate level of income in child support situtations.

Run Time: 10:18

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The Brown Law Offices has aired its first podcast of The Family Law Show.

Attorney Jason Brown answers the questions we're asked most often by new divorce clients.

Topics in this podcast include the length of a case, the costs of a case, venue, the need for a lawyer, contested versus uncontested divorce and concealing of assets.

Run Time: 14:59

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Minnesota is a no-fault divorce state. A divorce will be granted in Minnesota without the necessity of proving that one of the parties is guilty of marital misconduct. In earlier times, a party to a divorce was required to demonstrate that the other spouse was at fault for causing a breakdown in the marriage. Adultory was by far the most common basis, but others included domestic abuse, abandonment and an inability to consumate the marriage.

Today, a party to a divorce in Minnesota must merely demonstrate that there has been an "irretrievable breakdown" in the marital relationship. One spouse must simply acknowledge as much, and the court will grant their request to dissolve the marriage. A relatively low threshold - and a tough pill to swallow for those who feel that there is no "justice" in their case unless the court takes into account marital misconduct.

Potential clients often ask, "Should I fight the divorce?" Yes, if you intend to do so outside of the legal arena through counseling or therapy. Once it is obvious that the marriage cannot be saved, your resistence should be limited to that which is necessary to obtain a favorable court order. Not wanting the divorce can be used as leverage against your spouse if they are anxious to conclude matters. Often, the impatient spouse will buy a quick resolution by making an extremely attractive settlement offer. This strategy should be balanced against overdoing it. If you are fighting the dissolution process out of anger or spite, you are likely to cause significant economic and emotional harm to you, your spouse and your children.

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