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

Whether you decide to contact our firm or speak with another attorney, you should probably speak with a divorce lawyer about your situation before utilizing the various free online divorce forms that are scattered across the internet. My suggestion is in line with every district court judge I have encountered.

As an attorney, you can imagine I find myself in the courtroom quite often. Nearly every time I’m in court, I sit through cases in which the parties are attempting to divorce themselves without the assistance of a lawyer using legal forms they downloaded from the internet. The vast majority of these couples are turned away by the court for a failure to comply with the various legal requirements that must be satisfied in order for the court to accept their written submissions. Frustrated, having missed work for a second or third time, and getting no legal advice from the court, individuals that initially hoped to conclude their uncontested divorce without a lot of trouble find themselves extremely frustrated.

I am very open and honest with individuals I meet with who ask me whether they really need us to be involved in their undisputed case. My answer is always “Yes,” but with a rationale explanation.

Nothing we do as attorneys amounts to rocket science. I tell folks that I know nothing about engines. Certainly, I can take the time to find my Toyota manual and dig through it for step-by-step guidance on how to change the oil in my car. But, I would be left to wonder every time I turned on the key whether I did so appropriately. It is important to make sure that the oil is changed correctly. The results of doing so incorrectly can result in serious disaster. Personally, I would rather spend a few bucks and know that the job was done correctly the first time and that someone is there to make sure that if there is a problem it can be immediately addressed.

The same logic holds true in court - on a much larger scale. An attorney can make sure that all of the issues involved in your case are addressed in an appropriate manner. All of the "magic language" that the court is looking for will be included in the relevant documentation. Creative solutions can be offered to potential road blocks that you and your spouse may face. And, if a judge has trouble with the agreement you have submitted or the order you want the court to sign, a lawyer can fix it without incident.

As I mentioned earlier, our work in this area is not rocket science. But, it is serious enough to warrant the involvement of someone who can make sure that it is done promptly, efficiently and, most importantly, correctly. The adage is, indeed, true: You get what you pay for. Due diligence in hiring an attorney to assist you will help you avoid the countless traps that you will have to avoid in order to successfully bring your divorce to a conclusion.

• Print
• Comments
• Trackbacks

Depending upon your point of view, you may or may not appreciate the fact that Minnesota law contains a presumption of sole physical custody. So many potential clients ask about that. I don't believe it is a question of whether the standard will change, but when the standard will change – based upon recent legislative activity and the progressive approaches that have been taken at the Hennepin County Family Justice Center in Minneapolis.

Fellow Minnesota divorce blogger Gerald O. Williams has published a nice article about the status of a bill in the 2008 Minnesota Legislature that relates to a modification of the sole physical custody presumption to a presumption of joint physical custody in divorce cases. The legislature has opted to refer the matter for a study.

This is certainly not the first time the legislature has looked at the issue. Part of the recent child-support reforms that were discarded was a new presumption of joint physical custody. It is evident that there are many, both in the public at large, and in the legislature, who believe it is time for a shift in thinking on this issue.

Practicing on the banks of the Mississippi River, we appear frequently in both Hennepin and Anoka County. Although the judiciary in Anoka County may claim otherwise, there is certainly a reputation that sticks for failing to award joint physical custody. One of the most frequently uttered statements in my initial consultations with individuals involves fathers telling me, “I live in Anoka County and I hear I don't stand a chance of custody.” 

With much less judicial hesitation, we obtain court orders awarding parents joint physical custody in Hennepin County. Many judges in Hennepin County, rightfully, explain to the parties that custody is nothing more than a label. They begin with the fundamental question of what the parenting schedule ought to look like. Once the schedule is established, they can call it whatever they want. They let the parties call the shots without much interference.

We represent a host of individuals who come to us in an attempt to resolve their divorce in uncontested manner. Quite often, these very civil and reasonable individuals are questioned quite heavily by an Anoka County judge about whether joint custody is really appropriate. This happened to a client just last week in Anoka. Mom and dad both wanted joint physical custody and lived 1/2 a mile apart. The judge told them he "wasn't buying it" and that joint physical custody agreements are an "easy way out." The parties couldn't believe it. You know I am going to remove that judge the next time I represent a client who seeks joint physical custody. How is it that a 30 yard swim across the Mississippi can yield such a different process when, in fact, statewide law is what dictates every divorce?

In the end, I'm not arguing for one result or another. Every case stands on its own. Rather, my position is that there ought to be consistency from county to county. But, given the legislative activity on point in recent years and given the success realized by Hennepin County on these issues, the time will come when the presumption of joint physical custody is alive and well.

• Print
• Comments
• Trackbacks

We often find that our clients are interested in resolving their cases as promptly as possible.  With that in mind, we have designed a rather efficient system for handling uncontested divorces. Typically, an uncontested case will reach conclusion within 60 to 90 days from the date we are retained.  The following step by step timetable is offered to all of our new uncontested divorce clients as a guide for them to understand what they can expect in terms of case progress:

• Conference call with client within one week of receiving client questionnaire.
• Preliminary marital termination agreement (MTA) to client within one week of conference call.
• Client dictated edits and revisions to MTA completed within one week.
• Opposing party dictated edits and revisions to MTA completed within one week.
• Remaining pleadings drafted within one week of approval of MTA from opposing party.
• Meet with parties within one week of completion of all remaining pleadings.
• File with the district court within one day from execution of all pleadings by parties.
• Judicial assignment notice received within two weeks from filing.
• Schedule hearing, if necessary, within one day from receipt of judicial assignment notice.
• Attend hearing as scheduled by court (usually 30-60 days) or await signed order (usually 30-60 days).*
• Notice of Filing drafted and mailed within one week from receipt of final order.

*Of all the tasks associated with completing an uncontested dissolution, the one which we have absolutely no control over are Court timelines. We hope for a timely hearing or signature upon the Order. Sometimes, we receive Orders or have hearings within just a few weeks from filing. Other times, unfortunately, we have waited over 90 days because of Court traffic. Patience on your part during this time is critical and you should not make any plans that require you to be single (such as getting re-married ) until a signed Order is received by the Court.  

• Print
• Comments
• Trackbacks