Jason Brown, of the founding attorneys with the Brown Law Offices, P.A., recently served on the faculty of Minnesota Continuing Legal Education’s “New Lawyer Experience.” Jason was asked to present on a wide range of divorce and family law issues, including custody, child support and spousal maintenance.
Standards for Re-Opening a Minnesota Divorce Decree
Once a divorce decree has been entered in Minnesota, there are only a limited number of situations in which a party to the action can re-open (or seek to vacate) it. To be clear, to “re-open” a decree represents an attempt to change something (like a property settlement) that is otherwise final in nature. This is distinguished from a motion to “modify” custody, parenting time, child support or spousal maintenance. There are seven legal principles that provide a basis to re-open: (1) clerical error; (2) fraud; (3) mistake; (4) newly discovered …
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Minnesota Divorce Basics: Jurisdiction and Venue
Jurisdiction and venue are two issues that serve as an undercurrent to Minnesota divorce and family law cases.
While not typically a “front and center” problem, it is important to recognize that the outcome of your case can hinge on where a case is handled, or whether the court has jurisdiction over it at all.
Hennepin County Divorce Resources
About one-half of the divorce and family law cases our lawyers handle are venued in Hennepin County. Located in downtown Minneapolis, the Hennepin County Family Justice Center provides a central hub for all sorts of resources for litigants doing through a divorce, custody dispute, or domestic abuse proceeding. The nice thing about Hennepin County
Choosing the Right Divorce Mediator in Minnesota
It takes plenty of time and effort to finalize a divorce. Many people choose to hire a divorce mediator to help them settle matters amicably. But with so many mediators out there, how do you know which one is right for you? Let us help you with a few key tips on choosing the right divorce mediator. You should know that all divorce mediators are not created equal. Before you retain a mediator: Make sure he/she is an educator. A good divorce mediator will educate you on the law, to help you make an informed decision. Some mediators are …
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How Businesses are Appraised as Part of a Divorce
A divorce is a very difficult process. Typically there will be disagreement on parenting issues and finance. One asset the is usually deemed the most valuable within a divorce is a business. It is crucial to understand the various ways to appraise a business, if you own one. There are three common approaches to having a business appraised: The asset approach: Based on the value of the assets and liabilities of your business, including tangible and intangible assets. The income approach: Estimates the value of the business through expected …
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An Overview of Motions to Move Out of State
Each divorce case will vary from one another. In some cases, a parent might want to move out of state with his or her children. But, the non-custodial parent may be opposed of this idea. Typically, a child cannot be permanently relocated from his or her state of residence without approval from that court that gave the original custody order – unless the other parent consents. When parents agree to an out-of-state move, they should sign a written agreement reflecting that. A counselor, or mediator, may be hired to help resolve any issues of both …
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Tips for Dealing with a High Conflict Divorce
Being involved in a high conflict divorce is extremely stressful, and can make the divorce process long and painful. Ideally a divorce can be quick and painless -and resolved amicably. That is not the case in a high conflict divorce. This term refers to a couple that creates a war among themselves, that will create long-term effects. Many individuals involved in creating a high conflict divorce have been found to have a narcissistic personality disorder. This means they see themselves as superior to their spouse and have little regard of the others …
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The Many Roles Experts Play in a Divorce
A divorce doesn’t just involve the two spouses and their lawyers. In any divorce proceeding, there are a variety of legal factors involved. The more issues present, the more experts will generally need to be involved. Some of the typical roles in a divorce include a home appraiser, custody evaluator, vocational assessor, business appraiser, and an actuary. The number of experts present will obviously increase the overall cost of the divorce, but they will also ensure that the proceedings are as fair as possible. A home appraiser is the most common …
Courtroom Decorum : Tips for Keeping the Judge Happy
When in court for a divorce case, one of the last things you want to do is anger the judge. It is important to remember that judges are people too, and their jobs are not simple – especially when they are dealing with a family matter like divorce. Judges have to listen to witness testimony, review evidence, and try to determine who is telling the truth and who isn’t. Anything that happens in the courtroom that distracts the judge is going to upset them. Being that he or she is deciding some very important issues, you want to be cautious and not upset …
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