Family Court Hearings: Tips and Strategies
October 13, 2022 | Jason C. Brown
Courtrooms are not meant to be friendly or comfortable. They exist for one purpose: decision-making. How do you stand the best chance at making a good impression on the judge? Here are ten things to keep in mind: Dress the part. The court does not expect you to wear formal attire to the hearing. At the same time, t-shirts and blue jeans are probably best kept for another day. Business casual is just fine. Refer to the court as “your honor.” Over the years, I’ve observed litigants call the judge “madam,” “sir,” or “judge.” All are tactful, but the path of least resistance is to simply use “your honor.” That way, the court’s train of thought won’t be disrupted. Leave your phone in the car. Cell phones are quite disruptive in a quiet courtroom setting. Some judges confiscate ringing phones and charge the owner to get it back – even when they thought it was on silent mode. Don’t take a chance. Speak only when spoken to. The judge is trying to manage a courtroom full of people as efficiently as possible. Follow their lead. If you are asked a question, answer it. But don’t try to take control of the situation. Don’t argue. It may sound counterintuitive, but there is a time…
Read MoreFamily Law ADR: Alternatives to the Courtroom
October 13, 2022 | Jason C. Brown
To the surprise (and relief) of many, only a small portion of the family cases we handle wind up in trial. The vast majority of the time our attorneys are able to negotiate a favorable settlement. Our firm has a reputation for success in the courtroom. Still, we consider trial as a last resort. Why is it important to focus on settlement efforts before trial? We find that the litigants will save substantial time and money if matters are resolved sooner than later. We also find that the parties are far more likely to abide by the terms of the agreement if they have created it. Most importantly, by working toward settlement our clients maintain control over the outcome, rather than handing that authority over to a judge. There are a number of alternative dispute resolution (ADR) models available to family court litigants. Mediation is a common process in which the parties and lawyers hire a neutral to facilitate a conversation about the issues. The mediator is there to offer suggestions on how to resolve matters but takes no position concerning the issues. Most mediators are experienced family law attorneys who have shifted their practice to ADR after many years in the courtroom. Evaluative mediation involves the retention of a neutral but gives…
Read MoreAn Overview of Business Valuation and Division in Divorce
October 13, 2022 | Jason C. Brown
Business owners face a unique set of challenges as part of a divorce. The valuation and division of business interests can be complex and stressful. At a fundamental level, understand that a business is an asset of its owner. Minnesota law provides that the assets of the parties to a divorce are divided in an “equitable” manner. That almost always means equally. Minnesota law also recognizes that if a party to the marriage brings an asset into the relationship, the asset likely has a nonmarital component that is not subject to division. If the value of the nonmarital business grows during the marriage, the increased value is considered marital. The key to determining the significance of business ownership often rests in the value of the business itself. Naturally, the more valuable the business, the more attention it receives. Business valuation is as much art as science. Our family law group works with the more reputable business appraisers in the Twin Cities. These experts typically invoke one of three methods to offer an opinion as to the market value of a business: (1) the balance sheet approach; (2) the multiple of profits approach; and (3) valuation based on comparable business sales. Valuation of a business using a balance sheet approach is relatively straightforward. The…
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