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Posts Tagged ‘Divorce’

In any divorce action, many issues must be addressed before the signature of a judge finalizes the divorce. Before the judge signs, he / she must see that a number of critical issues have been addressed to protect the rights of both parties, things like child custody, child support, tax filing status, division of real property, status of assets, and many others. These issues must be resolved either through agreement of the parties or in a trial in Family Court where a judge will make a determination based on evidence presented by both parties and their Divorce Attorneys.

If you live in the Minneapolis area or are a resident of Minnesota, a Divorce Attorney from a Twin Cities Law Firm is beneficial in getting your divorce completed as quickly and with the least of troubling issues. There are many reasons why you should pick someone from a reputable and successful Law Firm. First, a Law Firm has a group of attorneys, paralegal researchers and legal assistants that know the laws and will provide all the assistance necessary to get your divorce case proceeds quickly.

It starts with doing some research on your part initially. Talk to friends that may have recently divorced or may have some friends that recently divorced. You can also talk to friends that may have lawyer friends, a very good way to find competent Divorce Attorneys that work in a good Twin Cities Law Firm. You can also check with the county and state Bar Associations and check with County services to get the names of marriage counselors and key members of divorce support groups in the area that will know many good Divorce Attorneys that are with a good Law Firm.

The next action to take is to make appointments for a free consultation with those Divorce Attorneys from a Twin Cities Law Firm who you decide you want to talk with further about your desire for a divorce. Before you go to an appointment, make sure you write down all the questions you have to ensure nothing is forgotten during the consultation. You must be perfectly honest with your Divorce Attorney, as they need to know everything, even those things you were guilty of or were the source of, and that may come up in settlement negotiations or a trial.

During the consultation at your Twin Cities Law Firm, your Divorce Attorney will let you know the procedures, estimated time frame and estimated costs to process your divorce. Remember, these are estimates and if it looks as though the divorce will be uncontested by your spouse, but if an issue or issues arise that cause your spouse to contest the issues, the costs could increase dramatically, however, your competent Divorce Attorney from the Twin Cities Law Firm you selected will let you know about those costs as well.

There are three major issues that must be addressed in most divorces, children, finances and real property with children being the one with the most concern. The judge wants to make sure the higher paid wage earner provides as much as possible for any children. Even if the parent who is awarded custody is the higher paid one, the lower paid one may have to pay some amount of child support. The next is financials, or assets. These can be bank accounts, IRAs, 401(k) accounts, retirement accounts, investments and anything else that is considered an asset that can be turned into or sold for cash, but real property is not included in financial assets.

Added to these financial assets are the financial liabilities or debt that should be divided proportionately between the two, if they both have income. Finally is the real property or homes, buildings, lots and other real estate. These assets are usually given or taken by one of the parents, but if there are not enough financial assets to match the value of the real property, the judge may declare the real property is sold and the profits split by the two. Regardless, the fair splitting of these assets and liabilities, along with the custody of the children, are issues that your qualified Divorce Attorney from a credible Twin Cities Law Firm can help you get through without taking more damage than is necessary. Therefore, when seeking a Divorce Attorney in Minneapolis or the state of Minnesota, make sure you not only check out the Divorce Attorney, but also take a look to see that the Twin Cities Law Firm has high recommendations.

Brown Family Law is a Twin Cities Law Firm of 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 Twin Cities Law Firm Blog for information and guidance in contested divorce, uncontested divorce, child custody cases, child support, and more.

This is to ensure both party’s rights are not violated and legal privileges breached. Divorce is a very uncomfortable process in the first place, but having a competent and efficient Minneapolis Law Firm working for you will ease some of the pain in an uncontested divorce. When contemplating a divorce, one of the first things to do is to contact a good Law Firm in Minneapolis to schedule a consultation with a practiced and competent lawyer. In Minneapolis, there is a “no fault” law that simply looks at the fact two people agree to no longer be married and dissolve the marriage they once vowed to uphold.

It is an uncontested divorce so there is usually no long drawn out hearing and delays in the judge or jury in answering questions and determining the conditions that will be provided for in relation to children, property and other wealth and assets. Both parties have already agreed to the terms of the divorce and a competent Minneapolis Law Firm helps both parties through the legal proceedings and process, which is usually very short in the case of an uncontested divorce. So, an uncontested divorce does not have all the chatter of the tabloids, the ugly battles in the courts and usually do not involve high amounts of wealth, as they cost less as they are easier to file and get finalized.

Many may think they can go to one of the law websites and pull down the documents to file for an uncontested divorce and get it completed quickly and cheaply. While those sites might be good to download a sample business plan or maybe a Quit Claim Deed, there are many things that must be addressed according to law in an uncontested divorce. The best someone to ensure your uncontested divorce is legally sufficient is an attorney that specializes in divorce from a Minneapolis Law Firm.

Even though an uncontested divorce is relatively simple compared to a contested divorce, there are points of law that need to be addressed and proper stipulation of the status of child custody, personal property and other assets needs to be clearly defined in the final divorce decree. Many of these points are variable and some might even require other legal documents to be drawn up to satisfy the requirements of the law. So having a Minneapolis Law Firm that has the competent attorneys, paralegal case assistants and legal administrative experts will ensure your divorce goes smoothly and quickly.

The rights of the individual and other concerns within the “no fault” divorce are reason to have a competent divorce specialist handling your case to ensure your rights are protected. When a good Minneapolis Law Firm accepts your case, and even though you are splitting under amicable terms and understandings, a concerned divorce attorney will help keep you focused on the terms of law that must be met and to ensure those amicable agreements remain amicable and are properly outlined in the uncontested divorce decree.

Though the initial filing for an uncontested divorce may seem simple, you do need help. A Minneapolis Law Firm can provide that help as they have divorce attorneys and other people supporting you with a depth of qualifications and experience. Once the initial paperwork is filed, there is at least the separation agreement that must be filed and this is a document that protects your rights and provides for the custody of children and the division of real property and other assets. This is a document that will be incorporated into the final decree the judge will sign to complete the uncontested divorce. A good Minneapolis Law Firm will make sure it goes quickly and smoothly.

There are many reasons why you should retain a good law firm in assisting you in an uncontested divorce proceeding. Even an uncontested divorce is a specialized process that takes years of learning and processing divorces to ensure everything is properly done. By using a Minneapolis Law Firm, your uncontested divorce can go quickly, properly and without fanfare.

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

Copyright (c) 2010 Lucille Uttermohlen

If you are waiting for your divorce to be final, it can be agony. After all, not knowing what property you will have to work with after the divorce makes it hard to plan. Debts that you will be responsible to pay can also effect your future budget. Most annoying and downright scary is what the judge will do with your kids if you and your spouse were fighting over custody.

Unfortunately, the remedy to get the judge to move things along isn’t very satisfactory. He is under an obligation to render a decision as soon as he can. Many states give a certain time limit for a judge to make his final decision. If he doesn’t enter an order by that time, your attorney can ask the he be removed from your case.

In my 27 year practice, I have invoked the “lazy judge” rule once. I had filed to modify custody for one of my clients. From the moment we entered the courtroom, I knew I was in for a long, frustrating day. Every question I asked, and many I started were interrupted by my colleague’s monotone “objection”, and the judge’s “sustained”. It was clear that my client wasn’t going to get a fair hearing, and I was reduced to asking opposing counsel not to interrupt me before I even got my question out so I could at least make my record for appeal

I think the judge must have known an easy way out when he saw it. I would have advised my client to appeal, for the obvious reason that she had not been allowed to present a case. The judge never let it get that far. He just didn’t make a decision at all. Finally, I was free to file a “lazy judge” motion.

The “lazy judge” motion takes the case away from the judge automatically. All you have to show is that the hearing occurred on a certain date, and the judge didn’t render an order by the time the legislature says he had to. In this particular case, I was happy to get the case away from that court.

Most of the time, a “lazy judge” motion isn’t a good choice. It does cause the case to be assigned to a new judge, which in some cases, like the one I described, can be a good thing. However, the only recourse you have once a new judge is appointed is to try the case again. This is all right from the stand point that you can introduce evidence that may have been missed the first time around. However, it also means you have to pay an attorney to prepare the whole case for you again, and most people simply can’t afford to do that.

The best thing to do in most cases is to have your lawyer nudge your judge into ruling. Some of my colleagues are hesitant to do this, and you may have to light a fire under them to get them to cooperate. We have to live with our judges, and getting a reputation as a nag is not something any attorney gains happily. However, I find that a call to the judge’s secretary can usually get the folder in question placed on the judge’s desk, and tactfully brought to his attention.

Judges are very busy in this country. The only way to lighten their load is to raise taxes and hire more of them. We attorneys might like that idea, but most of the tax paying public would prefer to avoid the additional expense. For this reason, many of us are forced to wait for answers to our most pressing legal issues. However, there is a point where even a busy judge needs to get his work done, and when that point has arrived and passed, litigants may do well to take their problems to another forum.