Divorce

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Minnesota is a "no-fault" divorce state, and has been since the mid 1970's. Typical issues involved in a divorce include custody, child support, property division and spousal maintenance. While some divorces come to conclusion following a trial, the vast majority of cases resolve outside of the courtroom.

Determined to divorce? Prepare for a pile of paperwork. It all begins with collecting the financial documents that tell the story of your relationship. The sooner you gather these files, the better. The following are especially important:

Tax Returns

Whether you filed separate or joint taxes, you’ll need access to tax returns that reflect both you and your spouse’s financial situation. If possible, obtain state, federal, and local tax returns dating back at least three years.

Proof of Income

Proving income can be tricky, especially if you or your spouse harbors any semblance of entrepreneurial spirit. Pay stubs are just the beginning; look for 1099 forms, business contracts, and other evidence of income. Provide documentation of all businesses in which you or your spouse have held interest these past three years.

Bank and Credit Card Statements

Assets and debts cannot be divided until they are accurately identified. Bank and credit card statements play a huge role in this process. These records can determine not only how assets can be equitably divided, but also whether your spouse has engaged in fraudulent activity such as hiding income. Unless doctored (which is easy for a skilled attorney to identify) bank statements don’t lie.

Retirement Records

From your 401(k) to your spouse’s pension plan, documents associated with retirement may play a huge role in your divorce. Begin document retrieval by speaking with the human resources departments at your respective places of employment. At minimum, strive to obtain benefits statements, summary plan descriptions, procedures for qualified domestic relations orders (QDROs), and any information provided by the plan’s sponsor.

Ready to file for divorce? Don’t go it alone. The Brown Law Offices will guide you through every step of this difficult process. Reach out today to learn more.

 

ADHD’s not just for kids; experts estimate that four percent of the adult population in the United States lives with the disorder. Some mask symptoms well; others find themselves in a state of constant disarray. For many, this spills over into romantic relationships.

Your marriage is far from doomed if you or your spouse has ADHD, but it may require a little additional nurturing. Read on to learn more about the role ADHD plays in marriage (and divorce), and how you can protect your relationship.

ADHD and Divorce: The Statistics

At first glance, the numbers look grim for adults with ADHD: researchers point to a relationship maladjustment rate of nearly 60 percent. Likelihood of divorce varies based on the spouse’s age; in one study, older respondents with ADHD were twice as likely to divorce, while younger respondents saw little change in divorce likelihood.

Why Does ADHD Harm Marriages? What Can You Do About It?

As a spouse with ADHD (or married to somebody with ADHD) you’re by no means destined to divorce. However, you’ll face unique challenges that other couples easily avoid. Chief among these? Spats over cleanliness, missed deadlines, and general inattention. Non-ADHD spouses may assume that their significant other just doesn’t care. Those with ADHD are also more prone to impulsive behaviors such as drug use, gambling, or infidelity —all of which clearly cause marital conflict.

Research indicates that your marriage is far more likely to survive if you seek diagnosis and treatment. This doesn’t necessarily mean medication, although drugs prove helpful for some adults with ADHD. Others find greater success in therapy and behavioral changes (such as dietary restrictions or increased exercise). Both you and your spouse should research the disorder thoroughly to determine how it manifests itself in your marriage, and which steps can be taken to combat problematic symptoms.

As a spouse with ADHD, you need compassionate counsel from somebody who understands. Call the Brown Law Offices today to schedule your consultation; you’ll be relieved to have an understanding lawyer on your side.

Separation and divorce are increasingly common among seniors. From pensions to placement in assisted living facilities, these splits hold unique repercussions for older couples. Not all complications involve retirement, however. If your spouse is suffering from dementia, you face an especially difficult separation process. Read on for insight into this unique situation — and helpful suggestions:

Consider Skipping Mediation

Mental capacity is critical in mediation. Your spouse may not be capable of making critical decisions regarding property division and alimony — and the lack of aggressive legal representation is a hallmark of mediation. Keep in mind that mental capacity is not an all-or-nothing concept; your spouse may be capable of handling this process under close guidance from a legal professional, but perhaps not in mediation. Your lawyer can provide greater insight into the concept of capacity and how it plays into your specific case.

The Possibility of Annulment

Depending on when you married and your spouse’s condition at the time, you could be eligible for annulment. While Minnesota is a ‘no fault’ state lacking grounds for divorce, annulment is based on grounds. If you can prove that your spouse was mentally incapacitated when you tied the knot, then your spouse legally could never consent to marriage in the first place — so your marriage is not valid.

Custody Considerations

Few spouses with dementia have minor children. Those who do can expect custody to fall with the healthy parent. Minnesota courts take each party’s physical and mental health into account when determining custody; a spouse with moderate to severe dementia may not be deemed capable of handling the rigors of parenting.

Protect Your Assets

Your spouse may require months, if not years, of medical care in the near future. Divorce can protect your retirement savings from being siphoned away to pay for this treatment. Speak with a trusted family law attorney and financial advisor to understand the financial ramifications of the care burden—and plan accordingly.

Separation is always tough, but dementia can quickly complicate matters. Your lawyer should advocate assertively on your behalf, but also be sympathetic to your spouse’s difficult situation. Work with a trusted law firm such as the Brown Law Offices to ensure the best outcome for both you and your ex.

Divorce brings out the worst in all of us. Unfortunately, in a digital age, the worst of us remains online indefinitely.

If you freaked out at your ex online, you’re in big trouble — records of your explosion could be used against you in court. It’s time to exercise damage control. These tactics will help you make the most of a bad situation:

Don’t Delete Your Account Just Yet

You’re mortified by your social media excess and eager to make it all go away. It would be so simple to press the ‘delete’ button. Proceed with caution. The damage has already been done. Tamper with your post (or worse, delete your account altogether) and you could be accused of ‘spoliating’ the evidence. Once you doctor published content, you’ll give the impression that you have something to hide. Your efforts could even lead to sanctions. Don’t edit or delete anything until you’ve consulted with your attorney.

Even accidental changes can cause problems. For example: in Katiroll Company, Inc. v. Kati Roll and Platters, Inc., the court claimed technical spoliation when a defendant merely changed his profile picture. Given the ease with which you can commit spoliation, it’s best to ask your attorney for guidance when in doubt.

Don’t Follow Up on Social Media

Want to make a bad situation worse? Keep the flood of information going on Facebook. Your efforts to smooth things over may actually harm your case. Don’t apologize online or try to explain your previous post.

Plan For Your Social Media Future

Learn from your mistakes. Don’t post anything else about your divorce. Other posts to avoid:

  • Any mentions of dating adventures or new relationships
  • Anything that suggests you have a lot of disposable income (such as images of new cars or pricey vacations)
  • Content that indicates your irresponsibility as a parent
  • Don’t lash out at former in-laws

The Brown Law Offices, P.A. team offers valuable insight into social media strategy during your divorce. Don’t let Facebook destroy your legal outcome — seek legal feedback at your earliest convenience.

If you’re one of Minnesota’s nearly 80,000 farmers, you face unique joys and challenges in all aspects of life — including marriage and divorce. While there’s no such thing as an easy divorce, the process can be particularly complicated when shared agricultural property and equipment are at stake. Keep the following considerations in mind as you proceed:

Valuing the Property

Property valuation is an integral component of any divorce. Unfortunately, farms and ranch values are uniquely difficult to pinpoint. A farm’s value includes not only real estate, but also equipment, livestock, and more. Because valuation is so complicated, each spouse often relies on a separate appraiser.

Dividing Debts

FarmFutures reports a five percent annual increase in farm debt since 2004. Dividing that debt can be complicated, particularly if one spouse was involved in the farming business before marriage.

Equitable Distribution and Separate Versus Married Property

As in most states, Minnesota courts divide shared property equitably. These means that one spouse may come away with a greater share of property than the other. Application of equitable distribution may differ in farm divorces, however — especially for a family farm passed down through inheritance.

Creative Solutions

Some farming couples pursue mediation or collaboration in hopes of achieving a mutually beneficial outcome. If one spouse is more involved in the farming business, that person may come away with both farm property and debt, while the other may receive retirement assets, other property, or a lump sum. Some spouses waive property in exchange for larger alimony payments. Others choose to sell their farm and start fresh with equally divided proceeds. Additional solutions include long-term payouts or farmland rental.

No one approach works for every farming couple. With a spirit of cooperation and counsel from the right attorney, it’s possible for both spouses to thrive after divorce.

As a Minnesota farmer, you need advice from an attorney who understands the ins and outs of divorce in your home state. The Brown Law Offices, P.A. can help. Reach out today to learn about next steps in your divorce.

Your spouse cheated, and you’re furious. Like virtually everybody in this horrific situation, you’re tempted to end your relationship right now. You certainly wouldn’t be alone in this decision; in a notable National Institute of Health study, infidelity was one of the most frequently cited reasons for divorce. Keep the following in mind as you make a seemingly impossible decision:

Reasons to Divorce

Trust is integral to any relationship. Infidelity implies a complete breakdown of all trust. This, alone, could be reason for divorce. Cheating also destroys bonds of exclusivity. The non-cheating partner no longer feels special; this revelation can be particularly devastating.

Often, cheating is just one of several factors that lead to divorce. If your relationship is already struggling, infidelity may be the final straw. With so many signs pointing to divorce, it may be more difficult to justify attempts at rebuilding.

Reasons to Remain Married

Repairing your relationship will be difficult, but it’s definitely possible. Many couples actually report feeling closer after infidelity — not because of the cheating itself, but because it prompted them to put more work into their relationship. Top motivating factors for sticking it out include:

  • Having children together
  • Owning property together
  • Running a business together

These factors are all extrinsic, but they can be powerful. Of course, they’re more compelling if the relationship has a strong foundation — and if the cheating spouse shows remorse.

Unfortunately, there is no prescription that all spouses dealing with infidelity can follow. Now that you’ve learned of your spouse’s betrayal, you’ll have to make perhaps the most difficult decision of your life thus far. Dig deep, because only you can know the solution to this ordeal.

Infidelity does not constitute grounds for divorce in Minnesota, but it can still impact your dissolution. No matter its role in your marriage’s breakdown, you deserve compassionate legal counsel. The Brown Law Offices, P.A. could be a critical resource as you embark on the divorce process, so get in touch today.

 

 

You and your ex anticipate an amicable divorce. In an age of Pinterest and YouTube tutorials, a DIY divorce might seem appealing, especially if you enjoy visions of a harmonious post-divorce relationship. Your insistence on viewing this process through rose-colored glasses could prove devastating for the following reasons:

  1. Failing to Fully Divide Property

Spouses who seek DIY divorce often overlook key aspects of property division. For example, incomplete provisions may leave both spouses responsible for future mortgage payments. If one fails to pay up, the other may be left in the lurch.

  1. Overlooked Tax Concerns

Divorce and taxation concerns go hand-in-hand. Evolving tax legislation makes DIY particularly perilous at this time. The wrong alimony or child support arrangements could leave you struggling come tax season. A skilled lawyer understands the sensitive tax implications of your divorce and can guide you accordingly.

  1. Hidden Fees

DIY divorces are not nearly as affordable as you think. In addition to the potential tax implications outlined above, there’s also a risk of hidden fee structuring. For example, you may incur extra charges for serving divorce papers.

  1. Clerical Errors

Divorce is complicated. A poor grasp of legal jargon could lead to major clerical errors, especially as you complete a mountain of paperwork. These issues may haunt you in months, years, even decades to come. Common issues include poor wording and check marks in the wrong boxes. Lawyers aren’t necessarily immune to these problems, but they’re far less likely to make mistakes.

  1. More Stress

The term ‘DIY’ implies easy, but divorce is anything but. An attorney can lift much of the burden of divorce from your shoulders. If you go it alone, you may face stress above and beyond what you’d experience in an attorney-guided divorce. This stress may prevent you from thinking clearly, thereby leading to even more clerical errors.

If you’re worried about the financial pitfalls of divorce, you can take comfort in knowing that affordable alternatives exist. For example, mediation for some or all of your divorce could lead to significant savings. Contact the Brown Law Offices, P.A. today to learn more about your options.

As parent, you can play an integral role in your child’s post-divorce recovery. Your support could spell the difference between a divorce disaster and something a bit more manageable. Follow these do’s and don’ts to show your support and keep the peace:

Do: Listen

Right now, your adult child needs unconditional support and a shoulder to cry on. Make it clear that you are willing to listen to whatever your child has to say. Don’t pressure him or her to talk, but extend an invitation. By listening attentively to your child’s concerns, you can alleviate a great deal of his or her current mental anguish.

Don’t: Lecture

The last thing your child wants right now is to be hit with a fusillade of I told you so’s. There’s no need to explore how you would have done things differently or provide detailed instructions for the ensuing divorce process. If your child asks questions, answer honestly. Otherwise, stop playing professor and start listening.

Do: Tread Carefully In Your Relationships With Former In-Laws

If your child and his or her ex have children together, expect to see plenty of your former in-laws. When interacting with these individuals, resist the urge to take sides or act hostile.

If your child’s marriage did not produce children but you nevertheless enjoy a strong relationship with your in-laws, be careful. Your willingness to continue spending time with former in-laws could easily be misconstrued. Find out how your child feels about continued interactions before extending an olive branch to previous in-laws.

Don’t: Be Offended By the Timing of the Announcement

You may eventually discover that you were the last to learn of your child’s divorce. Don’t be offended; no matter their age, kids hate to disappoint their parents. Sometimes, it’s easier to test the waters with a friend or sibling before confiding in parents.

It’s never easy to see a child struggle, but as parent, it’s your job to provide much-needed support at this difficult time. A little compassion will go a long way.

If your child intends to divorce, the experienced Minnesota divorce attorneys at Brown Law Offices, P.A. can provide strategic guidance. Please call to schedule a confidential case evaluation.

Each new year presents fresh opportunities, but not everybody’s list of resolutions includes weight loss or household organization. For some, the end of the holiday season means a chance for new beginnings—including the pursuit of the single life. Hence, the rise in divorce during the month of January, as we explore below:

Divorce’s Uptick: The Signs

DivorcedWomenOnline.com founder Cathy Meyer observes an uptick in searches for divorce information immediately after the holidays. This leaves prospective divorcees just enough time to gather information before filing in early January. Reports from other divorce experts back up Meyer’s findings. Furthermore, statistics from eDivorcePapers.com indicate that January sees more legal breakups than any other month.

The Role of the Holiday Season

A clear link exists between January’s uptick in divorces and the timing of the holiday season. For many couples, it’s simply easier to endure a difficult, but divorce-free December than break the bad news during obligatory family gatherings. Some are less worried about upsetting loved ones and more concerned about their social standing—a lot of people frown upon December breakups.

In other cases, the stress of the holidays exacerbates already difficult circumstances, thereby making divorce more likely. Still other spouses believe that natural holiday stress could lead to a messier, less amicable divorce.

The Resolution Effect

Some people feel more confident when January 1st strikes their calendar. These newly assertive individuals may strive to fulfill relationship-related resolutions by finally calling their marriage quits.

Preparing For Tax Season

Divorce timing doesn’t always revolve around resolutions or holiday blues. Some couples are strictly practical. Their marital status on Dec. 31st determines their tax situation the following year. Some may rush to break off their marriage in hopes of making tax deadlines. In select cases, this decision can drastically impact taxation on end-of-year bonuses, which may come attached to January paychecks.

No matter your preferred timing for your divorce, it behooves you to seek representation from a skilled attorney. Brown Law Offices, P.A. can help you every step of the way. Please call for a free consultation: 763-323-6555.

Transparency—so we’ve been taught—shapes us into more authentic people and prevents us from getting stuck in rigid patterns. By sharing experiences online, we also help others know that they’re not alone. When you’re going through a divorce, this kind of collective therapy isn’t just healthy—it’s downright essential. Right?

Not necessarily. Social media is a double-edged tool. Even well-intended, polite discussions about your divorce on Instagram, Facebook, Twitter, and elsewhere can profoundly affect your divorce case, and not in a good way.

Here’s what you need to know:

Sharing Versus “Oversharing”

When something happens to us in 2017, it seems second nature to let our friends and family know. We share personal and professional news, often accompanied by pictures. Unfortunately, oversharing on social media can have several negative consequences:

  • You create potentially admissible evidence. What you publish online could be retrieved during discovery to paint an unflattering picture. For example, a casual mention of a new job offer or a vacation may lead to an amendment of your Financial Affidavit, which can affect spousal or child support.
  • You could stoke anger, jealousy or other negative emotions. While Minnesota does not consider fault in a divorce proceeding, publishing pictures of you and your new lover snorkeling on the beach or clinking glasses at a fancy restaurant could enrage your ex-spouse. Bragging is in bad taste, and it can have indirect affects on your divorce outcome. For instance, your ex may react by dropping out of the mediation process, forcing a more public and expensive court battle.
  • You could undermine your case. If you’re claiming strained finances, but you’re posting Facebook updates of lavish vacations or nights out, the court (or your ex) might suspect you have hidden assets.

Do not post anything on social media that you would not share with the whole world. Even if your posts are “private,” they’re still in an online space, which makes them public information in the court’s eyes. Even Snapchats are permanent if someone snags a screenshot.

You may want to speak candidly about ex, but save that for dinner or drinks with friends. Do not use an online public forum.

Our Minnesota family law attorneys are standing by to help you make sense of your next steps. Get in touch today for a strategic consultation.