Category: Divorce
What is Involved in Appealing the Outcome in a Divorce
October 16, 2023 | Jason C. Brown
While the vast majority of marital dissolution actions are resolved through agreement of the parties, some cases require a trial. After trial, the judge assigned to your case will issue their Findings of Fact, Conclusion of Law, Order for Judgment, and Judgment and Decree. But what happens if you aren’t in agreement with the findings? Keep reading to find out what is involved in appealing the outcome of a divorce. What Can You Do if You Find Yourself at Odds with the Decision of the Court? A litigant may file number of post-trial motions, such as a motion for amended findings or a motion for a new trial. However, the most common step involves filing a motion with the Minnesota Court of Appeals. Every litigant has the right to file an appeal if they are dissatisfied with a district court order. The appellate process begins by serving and filing a Notice of Appeal with the district court and providing proof of doing so to the appellate court. That simple document provides the relevant case caption, names of the litigants, and names of the attorneys responsible for handling the case. In addition to the Notice of Appeal, a Statement of the Case must be submitted to the appellate court administrator. These instructions outline, in…
Read MoreUnderstanding 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…
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