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Posts Tagged ‘Divorce’

When divorcing your wife, one thing you may find is that divorce really is hardest on the children.  Why?  Children are typically torn between both parents, and find themselves the middlemen in their parents’ arguments, disagreements, and anger.

If you and your wife cannot come to an agreement on how the children should be raised, who should have custody, etcetera, it is up to the judge to make this decision for you two.  What he may suggest might not be what you want to hear, but the judge is there to make decisions in the best interests of your children, not the best interests of you and your wife.

In most cases, judges are encouraged to award equal support and custody from each parent.  50/50 joint custody is what most families function best with—with both parents a part of the child’s life.  But these days, it seems as though judges are ruling in the favor of the mother—and this is the basis and the reason for fathers’ right activism.

Parenting plans will always affect things such as your child support obligations, alimony and any other decisions that are made within the court in regards to the divorce.  The less you have your children, the more likely you are to be paying child support to your ex-wife, in addition to possibly alimony or maintenance.  It’s a good idea to know your rights, arm yourself with knowledge, and know that you, like many fathers in the United States, can fight for your rights to see your children, either with joint custody or full.

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The fact is that over 50% of all married couples will have or already have filed for divorce in Minnesota alone. If you are in this percentile for one reason or another and you have assets to protect, you know the value of hiring a good attorney to protect all that you have. Divorce itself is difficult, but when you have to fight for what is legally and technically yours it becomes even more traumatic. If you have a child from the marriage, the emotional stress you and the child go through is truly devastating. No child wants to see his or her parents separate, and they certainly don’t want to witness the parents fighting and shouting at one another over things they don’t understand. That’s why you need to contact an attorney who works for a stable MN Law Firm.

There are countless reasons why people get divorced. Infidelity, incompatibility, abuse in any form, and the list can go on and on. Sometimes there is no particular reason except that the parties involved just have nothing left to share and only want the marriage over with so they can move on with their life. Perhaps they were just too young when they got married. Whatever the reason for the dissolution of the marriage, you need legal representation, and the best way to get it is by calling a MN Law Firm to handle your case.

The MN Law Firm that you choose will be specialists in all aspects of divorce, and will be able to advise you accordingly as to where you stand and what you have to gain or lose. If you are a divorcing father, he or she will explain the terms of child and spousal support, and what you can expect to pay given the financial circumstances. Whether or not the family home is in question and who will live there, which parent will retain physical custody of the children involved, what kind of visitation rights either parent can expect will be discussed at length. If you have any doubts about the terms, now is the time to voice your concerns.

Often, the attorney will ask if there is any hope of the two parties reconciling. The MN Law Firm wants to do everything in their power to ensure the outcome of the divorce is amicable and that both parties are satisfied. This also means scheduling meetings between the two people involved and their respective legal advisors to see if there is any hope of saving the marriage before too much time elapses, and too much money has been spent. Legal representation can be quite costly to begin with, and even more so if the proceedings drag on. Before you contact an attorney, be absolutely sure this is what you want to do.

Brown Family Law is a MN Law Firm of divorce lawyers and attorneys focusing on Divorce and Family Law cases. Our attorneys represent clients throughout Minneapolis and the Twin Cities area. Call or contact us or visit our MN Law Firm Blog for information and guidance in contested divorce, uncontested divorce, child custody cases, child support, and more.

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The courtroom can be a nerve-racking, anxiety-ridden place for anyone who has never dealt with the law before.  A cold, desolate room with echoing noises, tense opposing parties and a judge in which everything lies upon.  This situation can make even the most confident person crack under pressure, but no matter how intimidated you feel, it is important to get on your judge’s good side in order to have some parts of your case to your advantage.

Submit clean paperwork.  Make sure you understand the formatting required in your state and county courts in order to impress the judge that you have done your research and did not sloppily put together your legal documents without care and respect for the court systems.

Stay on task.  Don’t miss deadlines and court dates.  This can cause a judge to become frustrated and harbor a negative feeling against you for abusing the court system’s time and energy.

Show a true, faithful effort.  Show the judge that even though you are going about this Pro Se, that you’ve done your homework, researched the case and have the legal information to back up your claims and defenses. 

Know your judge.  I’m not talking about Googling your judge online, but I am talking about sitting in on a few cases that he is presiding over.  This way, you can get a feel for what he likes, doesn’t like, tolerates or hates, and this can give you an edge over your ex-wife when you finally take your own case to court.

Remember that the judge is the one that has the final say about your case and what you are proposing happens during your time in court for your divorce.  By getting on the judge’s good side, you will better your chances of being heard and recognized during the proceedings, and in the long run, that is a great benefit to have over your opposing party!

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Does this sound like an oxymoron? It certainly seems impossible, yet if you are in a situation where you feel like your marriage cannot be salvaged then you cannot even fathom how anything could keep your marriage together. Consider making an appointment with a divorce lawyer as a final effort to fix the state of your relationship.

The word “divorce” certainly feels like a bad word as it exits your mouth. It also has a ring of finality to it. Having a meeting with a divorce attorney feels even more final, as if there is no turning back at that point. But this couldn’t be farther from the truth. The reality is that there is always the opportunity to turn back and not go through with a divorce. In fact, most states have a specific waiting period before a divorce can be deemed final, and therefore, legal with the hope that at least some couples with withdraw their divorce petitions and work things out. Visiting a MN divorce law firm may be the very thing your marriage needs to get back on track.

First, when you go to a MN divorce law firm and sit down with a divorce attorney, the reality begins to sink in. It is no longer a threat, but something that may and probably will actually happen, which means that you are beginning to truly imagine your life without your partner. It may cause you to think back to your happier times and all the reasons why you fell in love with your spouse in the first place. You may have some recent bad memories, but you probably also have months and years of many wonderful memories together. Those tend to flood back when you are preparing to say your final goodbyes to your relationship. Think about those memories, what made them so special and whether or not you really want to give that all up. This appointment with the attorney may very well put things into perspective for you.

When you are at the MN divorce law firm meeting with a divorce attorney, you should talk about why you are there. What are the reasons that you are considering filing for divorce? There are many reasons why marriages end in divorce, such as infidelity, arguments due to finances, or differences in how to rear your children, to name a few. As you sit there, you must again decide if the strain in your marriage is important enough to break up your relationship forever. This may be the first time you start to think about ways you might be able to work together on repairing your relationship and forgiving each other for past bad behavior.

Divorce attorneys see all sorts of relationship problems every day as their office deals with separation, divorce and custody issues throughout the day. This also gives these attorneys some insight on relationships that may or may not make it in the long run. Many a MN divorce law firm has a large number of marriage and family therapists to whom they can refer you to see if marriage counseling may help resolve your differences. This is always a good step to take before making the final decision to get a divorce. This little nudge with a marriage counseling referral may be exactly what you and your spouse needed to work through your problems.

Marriage is hard and it takes work. A married couple will not always see eye to eye on things and sometimes not handle situations in the best way. But the institution of marriage is important, especially when there are children involved. Couples should be willing to do anything to make their marriage work. As off the wall as it sounds, a visit to a MN divorce law firm may be just the thing to put it all into perspective and remind you why you fell in love and got married in the first place.

Brown Family Law is a MN divorce law Firm of experienced divorce lawyers and attorneys focusing on Divorce and Family Law cases. Our Attorneys represent clients throughout Minneapolis and the Twin Cities area. Call or contact us or visit our Blog – http://www.mnfamilylawblog.com/ – for advice and guidance in contested divorce, uncontested divorce, child custody cases, child support, and more.

There are a number of different issues that arise as part of divorce proceedings. No divorce can or will be finalized by the family court until all the relevant issues are finally resolved, whether by way of a settlement agreement or through a trial. Most divorce cases do not make it to trial, unless each and every issue is highly contested. If you are one of those people, be aware that such a divorce will end up costing a lot of money in attorney’s fees and costs. Most divorces are resolved through a settlement agreement, often called a Marital Settlement Agreement. Your Twin Cities law firm will help guide your case to a settlement that is reasonable and relatively satisfactory to all parties and which addresses each and every applicable issue.

One of the issues that are dealt with in divorce proceedings is the division of property and financial assets, and then their distribution. As your Twin Cities law firm will inform you, you and your spouse will need to document any and all assets you held together during the marriage that is not legally deemed separate property. Separate property is any property that was brought into the marriage, or was received by gift or inheritance during the marriage. Any other property that was “earned” or purchased during the marriage or towards which marital earnings were paid will be subject to a 50-50 division. Bank accounts, 401(k) and profit sharing assets, car values, personal property values, such as your furniture and electronics in your home, and the value of your home if you own your home are all assets that will likely need to be divided. Of course, you cannot cut up the TV or the house.

As such, the value of each asset is determined and then divided such that each side retains items that represent 50% of that value. With homes, typically one spouse keeps the home and the other spouse retains other assets that equal the value of the home. When that is not possible or desirable, the family home is sold with each spouse receiving one half of the proceeds. The spouses will also have to share 50% each in the marital debt that accumulated during the marriage. Spousal support will also typically be awarded in a divorce to the lower earning spouse. In addition, the lower earning spouse can sometimes get the higher earning spouse to pay all or a portion of their Twin Cities law firm attorney’s fees.

Aside from property division and spousal support, a major issue that comes up in divorce is custody of any children from the marriage. This is always the most sensitive issue in a divorce. This is something that you will need to heavily lean on your Twin Cities law firm, who can not only advise you on your rights and how the courts typically address custody, visitation and child support, but can also provide you with the emotional support you will likely need. The courts will always rule in favor of what is in the best interests of the child. If that means they live with mom and visit with dad, then that will happen. They will often look to see what type of custody and visitation has been taking place since the couple have separated as well as who has been the primary caregiver to the children. The age of the children is also a factor. The custodial parent will usually receive some child support with the amount being dependent upon the amount of time the custodial parent has the children and the difference between the incomes of the custodial parent and the non-custodial parent.

As you can see, there are many aspects to a divorce that require the expertise and guidance of a Twin Cities law firm specializing in this area of the law. It is always wise to hire an attorney to handle your divorce, but this is especially so when there are children involved. Children become such an emotionally charged issue in a divorce and your attorney will best be able to help work through it and do what is best for your children in the end.

Brown Family Law is a Twin Cities Law Firm of experienced divorce lawyers and attorneys focusing on Divorce and Family Law cases. Our Lawyers represent clients throughout Minneapolis and the Twin Cities area. Call or contact us or visit our Blog – http://www.mnfamilylawblog.com/ – for advice and guidance in contested divorce, uncontested divorce, child custody cases, child support, and more.

Divorce is unfortunate, but all too true in society today. It is happening around the world in numbers that seem to escalate all the time. People are heading to their lawyers to file for a divorce on a seemingly regular basis. The attorney at the MN Family Law Firm you choose will need to know anything and everything about what has led to the divorce decision. Don’t hesitate to be forthcoming with any information. Anything you tell him or her will be information that can be used to strengthen your case, and they need to know whatever you can tell them so that they may prepare the documents necessary to get you that divorce decree.

Make sure you list all the assets you and your spouse have, be it cash, annuities, savings accounts, stocks, certificates of deposit (CD’s), pension plans, retirement accounts, and so on. All of this will be taken into consideration when it becomes time to divide the assets between yourself and your spouse. Anything you own that can be sold for cash will also have to be listed. This might mean your home, automobiles, furniture, jewelry, or anything else that is considered to be an asset. Your MN Family Law Firm attorney will let you know if you have left anything out.

If you are one of the “lucky” people who are in full agreement with your spouse as to who gets what, your divorce should take no time at all. However, if you fall into the category (as most couples do) of two people who can’t agree on anything, be prepared for a long, time consuming, often messy situation. Your MN Family Law Firm will do their best to arrive at an agreement that will satisfy both of you. Of course, what makes one person happy will probably not sit well with the other, especially if he or she feels that their rights are being ignored, or they are losing some of their assets.

Of course, you know that if an agreement can’t be reached between the two parties, you are going to end up in court where your MN Family Law Firm attorney will present your case to the judge, who, after careful reviewing, will render his decision as to the division of property. It may not go as well for you as you think, or for your spouse, either. That is why the attorneys work so hard to obtain an out of court settlement. Not only may you lose, but taking the case to court will cost you considerably more money. Heed the advice of your attorney, who is skilled and efficient when dealing with divorce cases like this.

Brown Family Law is a MN Family Law Firm of divorce lawyers and attorneys focusing on Divorce and Family Law cases. Our attorneys represent clients throughout Minneapolis and the Twin Cities area. Call or contact us, or visit our MN Family Law Firm Blog for information and guidance in contested divorce, uncontested divorce, child custody cases, child support, and more.

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Copyright (c) 2009 Lucille Uttermohlen

If you want to avoid annoying your divorce judge, these tips will help. I can’t guarantee that he / she will be in a good mood if you follow this advice. His / her attitude will depend on a number of factors none of us can control, like whether or not your particular jurist is constipated. These tips will give you a leg up, though, and so they are worth heeding.

1. Make sure you get to court on time. The judge may be late, at lunch, or drinking coffee in his / her office. There may be another hearing in progress when you arrive at the courthouse. Still, you better get there when the hearing is scheduled. If the judge is ready to go, he / she won’t be real happy to find that you aren’t there.

2. Make sure you are dressed for court. It shouldn’t make any difference. What you say shouldn’t be judged by what you happen to be wearing. However, if you show up after slopping your hogs or running a marathon, the judge won’t be too impressed. If you and your clothes are neat and clean, you are showing that you respect the judge, and that you take your own case seriously. If you look or smell funny, it will make your testimony look less credible. Believe me, you want the judge to trust what you are saying.

3. Keep your cool. The judge isn’t personally involved with you and your case. You may think your ex deserves the finger, or a cussing out, and maybe he / she does. However, the judge doesn’t know him / her, and is likely to think you should treat him / her, and anyone else with courtesy and respect.

4. Make sure people who come to court with you realize that they won’t help you by jeering and grumbling at the other side. Yes, it is possible that your ex will lie through his / her teeth. It is even possible for his / her witnesses to give testimony that is more interesting than factual. However, hissing and booing should be saved for sporting events. No judge feels that his / her courtroom is the proper place for the expression of popular opinion, no matter how tempting a choice editorial comment may seem at the time. It just won’t help your case, and can detract from your believability.

5. Answer the questions you are asked. Don’t add information you think may be more interesting to the judge. If your attorney doesn’t ask you something you think is important, he / she may have a good reason for not bringing it up. When you spend enough time in front of a particular judge, you get a pretty good idea what he / she doesn’t like to hear. If you think something important has been omitted, mention it when you get back to your table. If you are really concerned, ask the judge if you can talk to your lawyer before you continue.

Getting a divorce can be traumatic. It may be tempting to think that anyone in his / her right mind will agree with you as to what would be fair in your case. However, a judge will listen to both of you, and decide who is telling the truth after all the evidence is in. Human beings being what they are, it is easy to steer your judge away from what you are trying to prove if he / she finds your attitude rude or obnoxious. This is why you will do well to act as if you are the most dignified and intelligent person the judge has ever heard, rather than the typical angry respondent in a divorce case.

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So, what are these Family Law issues and why should you be concerned or know about them? A look at the definitions for Family Law may be inconclusive, but every one of the issues is important to a family. When thinking of Family Law, it is just that, law that affects the family, and those attached to the family unit. Many of the actions and services provided by a Minnesota Family Law Firm and its area of the legal profession are critical to many of the everyday things in life most take for granted.

Just to look at a short list; adoption, name changes, child custody, juvenile offenses, living wills, general, limited, medical and special powers of attorney, last wills and testaments, separation agreements, division of property, immigration, a very hot topic at the moment, and yes, divorces. These actions may not affect everyone, but most of them should affect the members of the family to ensure their rights are protected under many varying circumstances. A look at some of the more common ones that should apply to almost everyone is a good look into the world of Family Law at a typical Minnesota Family Law Firm.

A Last Will and Testament is a document that few actually have made for them. There is no age limit, but once an individual gets to about 25 years old and starts acquiring property and debt, they should have a Will to instruct the Will’s executor on how their property should be given to another to include their wealth and taking care of their debt. If you do not have a Will, your estate goes into public property and it is provided for in the laws of the state of residence. Therefore, the state government is required to determine who is eligible to receive anything you have acquired during your lifetime. This is something that many try to do with online legal sites, but when doing it yourself, without proper counsel, you may be stating something that is not in accordance with the law. So go to your Minnesota Family Law Firm and have one drawn up for you, it will ensure all your possessions are willed to the people you want to have them.

Another very important document is a living will or advanced medical directive. These both serve the same basic purposes; they are telling the medical authorities who will make possibly life-threatening decisions should you become unable to make those decisions because of your health or an accident. These usually have a family member that is close to you appointed to make those decisions for you when you are incapable of making them for yourself. A trip to your Minnesota Family Law Firm will enable your wishes during the possibly end-of-life time in the care of a medical facility.

Juvenile offenses are usually tried in Family Court unless the charges are severe and a judge has ruled someone under 18 to stand trial as an adult. Nevertheless, a Family Law Judge hears most minor offenses and they decide the guilt or innocence and determine the punishment if a minor child is found to be guilty. In some of the more serious charges, it is highly encouraged that you have an attorney from a good Minnesota Family Law Firm to ensure the rights of the child and you the parent or guardian are taken care of during the hearing. Yet another very important item you might need from a Law Firm is a Power of Attorney. A Power of Attorney is a very powerful and easily misused document. It enables someone that you trust to accomplish or execute things in your name, just as if you made the decision.

Most attorneys recommend no one issue a General Power of Attorney unless there are extenuating circumstances. An example would be for a service member is leaving their spouse and children at home while they are sent overseas to a war zone. The General Power of Attorney allows the spouse to do anything she feels you would do to include taking on debt, buying a house, getting access to savings accounts, virtually anything at all in your name. However, there are issues that arise that a special or limited power of attorney is needed. An example would be a military family coming back to the United States after being in Europe for three years and they had selected a house, but could not be there for the closing. They could issue a special power of attorney to a friend or family member to sign the papers for them.

Your Minnesota Family Law Firm is much more than a divorce lawyer’s office; it is a place that helps families in many actions that can affect their lives and well-being should something happen to the breadwinner. They take care of many of those critical items that ensure what happens in case of emergency or mishap is accomplished in the manner you desire.

Brown Family Law is a Minnesota Family Law Firm of divorce lawyers and attorneys focusing on Divorce and Family Law cases. Our attorneys represent clients throughout Minneapolis and the Twin Cities area. Call or contact us or visit our Minnesota Family Law Firm Blog for information and guidance in contested divorce, uncontested divorce, child custody cases, child support, and more.