The Top Ten Mistakes You Can Make During a Divorce
Brown Law Offices | Minnesota Family Law Blog | Divorce
by Jason Brown
1y ago
The stakes are high in divorce cases. The stress of the proceeding is heightened by the fact that there are, with rare exception, no “doovers” in family court. Unnecessary errors can be made that may result in an unjust outcome – or put you at risk. Here are the top ten mistakes I see litigants make in divorce cases: Overconfidence. There is no certainty in family law cases. The reality is that the court may not see the facts or law your way. The best way to manage the risk involves making an effort to resolve matters outside of the courtroom. Failing to Account for Taxes. Tax is not a very e ..read more
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Attorney Jason Brown Offers Domestic Abuse Presentation to the Minnesota Judicial Branch
Brown Law Offices | Minnesota Family Law Blog | Divorce
by Jason Brown
1y ago
It was a privilege to offer a recent presentation to the Minnesota Judicial Branch concerning domestic abuse issues – my third invitation to teach over the last two years. Over 130 judges and law clerks were in attendance to learn about the four types of cases that can result from an allegation of child abuse: (1) custody disputes; (2) an order for protection; (3) assault charges; and (4) child protective services investigation. Allegations of harming a child can have a wide range of consequences within the court system. In terms of family court, divorce and paternity actions take into account ..read more
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Selling Your House Before Filing for Divorce
Brown Law Offices | Minnesota Family Law Blog | Divorce
by Jason Brown
1y ago
Depending on value and equity, the marital homestead is generally one of the largest assets to divide between parties in a Minnesota divorce. Amicable parties may consider selling their home before they are divorced. In general, when selling a joint home, the sale proceeds are divided. The mortgage will be paid-off, real estate or closing fees paid, and then the remaining proceeds are divided between the parties.  There are many things to consider before selling a home prior to divorce and it is always best to discuss your options with an attorney. Cooperation To sell a house prior to div ..read more
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Minnesota Child Support: Upward or Downward Deviation Factors
Brown Law Offices | Minnesota Family Law Blog | Divorce
by Jason Brown
1y ago
Child support involves money given to one parent from the other to help provide and care for a child. Minnesota statutes establish child support obligations with the intent to prevent either parent, or a joint child, from living in poverty. Child support includes a base amount, childcare costs, and costs related to dental and health insurance for the child. In certain situations,  a deviation is allowed to increase or decrease a child support obligation. Factors of a Deviation In Minnesota, not every child support case may be eligible for an upward or downward deviation. Courts may consid ..read more
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Dissipation of Marital Property in Minnesota: A Misunderstood and Misapplied Concept
Brown Law Offices | Minnesota Family Law Blog | Divorce
by Jason C. Brown
1y ago
Many divorce litigants are accused of “dissipating” marital assets by their spouse or opposing counsel. Quite often, however, that term is misapplied. Those who have “dissipated” assets stand to have a credit assigned to them for the value of lost property. If you’ve been accused of dissipating marital assets, we can help. “Dissipation,” just like “parental alienation,” is a buzz word with emotion attached to it. Does merely saying negative things about the other parent constitute parental alienation? No. Does losing the value of property during a marriage constitute dissipation of an asset? N ..read more
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What is the Average Cost of Divorce in MN?
Brown Law Offices | Minnesota Family Law Blog | Divorce
by Jason C. Brown
1y ago
The total fees and costs associated with a divorce in Minnesota can vary widely. Most reputable divorce attorneys charge hourly for their services. It logically follows that the longer the case, the more time the divorce lawyer must dedicate to the file – resulting in higher costs. Still, we can offer guidance: Divorce cases tend to fall into one of three categories: (1) uncontested; (2) resolved early through mediation; and (3) litigated. Because the time dedicated to each differs significantly, overall costs do as well. In terms of an uncontested divorce, fees and costs often total less than ..read more
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“I Just Need Someone to Draft the Paperwork:” The Perspective of a Divorce Lawyer
Brown Law Offices | Minnesota Family Law Blog | Divorce
by Jason C. Brown
1y ago
Quite often, we visit with potential clients who are looking for a divorce attorney to go through the motions of drafting paperwork without offering advice concerning an agreement they have reached with the spouse. That poses a number of issues: First, we recognize that clients do not know what they don’t know. Often times spouses will agree to divide debts, assets, or retirement accounts in a way that contradicts the law. As a result, the final divorce decree may be rejected by the District Court Judge upon review. Our lawyers can help you reach agreements that take into account the relevant ..read more
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Keeping Attorney’s Fees Under Control in a Minnesota Divorce
Brown Law Offices | Minnesota Family Law Blog | Divorce
by Cynthia J. Brown
1y ago
We’re often asked how much it will cost to get divorced. The answer varies widely, as the time dedicated to your file correlates directly with the total expense. If your matter is resolved with little controversy, it will cost less (a lot less) than a divorce requiring a trial. Here are a few tips help you keep costs down: Read and understand your retainer. Many law offices charge a minimum time of 15 minutes no matter how long the task takes. If you call and speak to your attorney for 3 minutes, you will be billed for 15 minutes. We have real time billing, meaning you only pay for the exact ..read more
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How To Get A Divorce in MN
Brown Law Offices | Minnesota Family Law Blog | Divorce
by Jason C. Brown
1y ago
Divorces can be complex and difficult to navigate. They can vary in length based on the judicial process parties decide to take. To begin a divorce proceeding, a Summons and a Petition for Dissolution must be properly served upon the opposing party. What happens after the initial pleadings are served and filed with the court? Initial Case Management Conference (ICMC) Once a Summons and Petition is filed with the court, an Initial Case Management Conference (ICMC) is scheduled. Each hearing set my the court will be provided on a pleading call a “Notice of Hearing.”  An ICMC is generally a ..read more
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Who Gets the Engagement Ring in a Minnesota Divorce?
Brown Law Offices | Minnesota Family Law Blog | Divorce
by Jason C. Brown
1y ago
Engagement rings and wedding bands can be very sentimental and valuable items. It is estimated that most couples spend around $6,000 on an engagement ring. The question arises if the parties split-up: who gets the rings? Engagement Ring In Minnesota, an engagement ring is considered to be a “conditional” gift. This means the gift is given in anticipation of an action. For an engagement ring, the ring is given with the assumption of marriage. If parties part ways before the wedding and marriage, the ring must be given back to the giver. However, if the parties break up after the wedding and are ..read more
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