Category: Divorce
Understanding the Divorce Process in Minnesota
January 19, 2023 | Jason C. Brown
Legal disputes that involve loved ones can be extremely difficult to navigate and can cause a lot of emotional stress on everyone involved. There are typically many questions that can arise during the divorce process that involve child custody, what happens after the divorce, the trial, when the divorce is final, and many more. Divorce can, unfortunately, be a process that is long and drawn-out if the parties are not in agreement. Learn more about understanding the divorce process in Minnesota. Child Custody Plans During a divorce or paternity case, child custody is usually a top priority. In Minnesota, there are two different types of custody – physical and legal. Legal custody involves the ability of a parent to play a role in major decisions of the child’s upbringing, like education, religion, or medical decisions. Legal custody does not include the day-to-day decisions involving the care of a child. Physical custody of a child involves the day-to-day care of a child. This includes decisions regarding the child’s primary residence. When a custody plan is proposed, Family Court considers several factors relating to the “best interest of the child.” Some of these “best interest” factors include: Parental history The child’s needs History of domestic abuse The willingness and ability of each parent to care…
Read MoreTools Available to Gather Information in a Divorce
October 13, 2022 | Jason C. Brown
Family court cases tend not to settle for one of two reasons: (1) the parties are not emotionally ready to resolve matters; or (2) a lack of information. Sometimes, a divorce litigant will try to conceal assets or hide information from the other side. They rarely succeed at doing so, given the number of tools divorce attorneys have at their disposal to gather information. The process of gathering information in any court case is called “discovery.” There are special rules of court procedure that grant lawyers the ability to obtain discovery. We often start by sending a set of interrogatories to the opposing litigant. An “interrogatory” is a fancy word for “question.” Answers to our questions must be provided under oath, in writing. The most common interrogatories involve inquiry into a litigant’s income and work history, bank accounts, investment accounts, retirement accounts, credit cards, business records and monthly budget. In addition to serving interrogatories, we will submit a request for production of documents to the other side. They are obligated to produce, or make available for our inspection, various records, including tax returns, account statements, and paystubs. If the responding party fails to produce the requested information in a timely manner, we can file a motion to compel production of the requested information…
Read MoreAn Overview of Tax Concepts in Minnesota Divorce
October 13, 2022 | Jason C. Brown
Let’s be honest. Tax issues are dull. But if you are facing a divorce, they play a vital role in the outcome of your case. Our family law attorneys understand the implications of tax law in family court and have preserved substantial sums of money for our clients as a result. A good starting point in a discussion surrounding tax and divorce involves the filing status of the parties after dissolution of their marriage. Parents can yield a substantial benefit if they are able to claim, “head of household.” All that is required is having a child reside in your home for the majority of the year. If parents share equal parenting time with more than one child, we will draft the decree in a manner that gives each a head of household status. The timing of the entry of the divorce decree can impact tax refunds or liabilities. Quite often we purposefully wait until after the first day of the year (or hurry things along before the year ends) under the premise that filing “single” versus “married” can have significant tax ramifications. Because tax refunds or liabilities are typically treated as an asset or debt of the marriage, the parties have a common tax avoidance goal. Many wonder whether a non-custodial parent…
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