Consult A Mn Divorce Law Firm For Effective Representation For Your Divorce

July 28, 2010 By Law Library Leave a Comment

It is never wise to represent yourself. Even lawyers tend to hire other lawyers to represent them in various matters. This is for two reasons. First, all lawyers are not experts in all areas of the law, especially in areas that require specialized knowledge such as family law. Second, when one is dealing with their own personal lawsuit, one is more emotionally attached to the situation. As such, emotions can interfere with effective handling of the case. This is especially so in the case of divorce. Hiring a MN divorce law firm to handle your divorce will ensure that your case is handled professionally, objectively, skillfully, and with your best interests at the forefront.

But how can you keep your costs down if you engage the services of a MN divorce law firm? For some people, it is worthwhile to have a prenuptial agreement drawn up prior to even entering into the marriage. This is typically done when one spouse has significantly more personal wealth and / or assets than the other and wishes to protect that wealth and assets should there be dissolution of the marriage at a later date. If your prenuptial agreement is ironclad, then there should be fewer issues to be addressed at the time of divorce as a settlement of the marital property has already been agreed upon ahead of time. There may end up being some custody, visitation and child support issues, but if the parties work together to come to a mutually agreeable solution and schedule, it should not take a great deal of time to work through. If the parties honor their prenuptial agreement and do not attempt to contest it at the time of divorce, the process should go relatively smoothly without incurring much in the way of attorney’s fees.

The majority of people, however, do not enter into prenuptial agreements. Without having an agreement ahead of time how the marital assets would be divided or a settlement should the marriage end, there tends to be more fighting between the couple on these issues, as well as on custody issues. The best way to minimize costs in a divorce and custody case is to work with the other side to come to a resolution quickly that will satisfy all parties as best as possible. The more couples fight in a divorce, the more it costs. If one or both parties intend to fight over each and every little item, the case will drag on possibly for years, racking up the MN divorce law firm attorney’s fees.

This not only hurts your pocket, but if you have children, it hurts them as well. If you and your spouse can work in a cooperative manner to resolve your case quickly, then your attorney will not need to engage in discovery, which can end up costing a lot of money, especially if it gets to the point of depositions. Discovery is typically needed in a divorce case if one or both parties are attempting to hide information, such as assets. Your MN divorce law firm is certainly capable of conducting discovery if need be, but it is best to avoid getting to that point. Moreover, the longer you drag out your divorce, the more animosity builds up between the parties and it become a vicious cycle that feeds upon itself.

Cooperation is definitely the key to keeping divorce costs down as much as possible. An amicable divorce means an inexpensive divorce, where you will likely only need to spend attorney’s fees and costs on the initial divorce petition and the cost of filing it in court and the drafting of a settlement agreement. If you are truly concerned about being able to afford to hire a divorce attorney to handle your matter, make an appointment with a MN divorce law firm and discuss your concerns. You will likely be presently surprised on how willing they will be to help you find ways to minimize the expense of your divorce and even ways that you can spread out your payments.

Brown Family Law is a MN divorce law Firm of experienced divorce lawyers and attorneys focusing on Divorce and Family Law cases. Our attorney’s 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.

Filed Under Family Law Tagged With Consult, Divorce, Effective, Firm, Representation

Florida Child Custody Law

July 26, 2010 By Law Library Leave a Comment

What is the definition of child custody in this state? Who is entitled to that custody? Which state has jurisdiction and can children be moved out of that state? What can the party do if a spouse or ex. is in danger of removing the child from the court ordered environment.

Custody, in Florida means being responsible for the needs of a person under the age of 18; this can be further defined by the physical care and supervision of the child. The custodian has a court order for the right of physical custody along with the duty to rear, keep safe and discipline their charge. Medical, food, shelter, education and other material needs are to be provided.

Both parents are entitled to custody. There is joint custody; so ordered by a court. The public policy assures frequent and continuing contact with both parents. If there are extenuating conditions then a child can be put into home with an extended family member by a petition; temporarily. If there is “probable cause” such as abuse, neglect, or abandonment then that child can be “taken into custody” by a police officer or an authorized person and placed with a non relative.

In joint custody the court will order both parents to share responsibility, they will both retain their parental rights, and jointly make decisions in the interest of their child. If the child is able and has the intellect, the court may consider their participation in the decision. The court can consider both the parents’ desires, or may give one parent the ultimate responsibility for certain aspects of a child’s interests or share the responsibilities.

You will need to provide as much information as possible to the court for evaluation in the welfare and interests of the child. This should include information about you and the other party’s behavior and finances. A lawyer is recommended but not required. They are helpful in gathering, presenting, and convincing the judge.

Florida has the Uniform Child Custody Jurisdiction and Enforcement Act. The custody order will be issued in the state that can determine in the best interests of the child. Usually you file in the “home state” where the child has lived with a parent or person for (6) months immediately before the child custody proceeding started. There are exceptions to the “home state” rule such as: when there is “competent substantial evidence” of a risk that a party could violate a court order by removing a child from the state or country without the notarized written permission of both parents. However, providing this information may be difficult. There may be more and complicated steps where an attorney may be needed.

In summary, in Florida, child custody is being responsible for the best interests of a child to include shelter, food, education and other needs for the minor less than 18 years of age. Both parents are entitled to joint or shared custody so ordered by a court. The custody order will be issued in the state that can determine in the best interests of the child; usually the “home state” where the child has lived for (6) months immediately before the child custody proceeding started. When there is “competent substantial evidence” of a risk that a party could violate the court order by removing the child from the state or country a notarized written permission signed by both parents can be submitted.

Filed Under Family Law Tagged With Child, Custody, Florida

What You Should Know About Child Custody Laws

July 20, 2010 By Law Library Leave a Comment

Child custody laws vary from state to state. However, when looking into child custody laws, there are some general laws that apply. It is important that when dealing with a custody case, you have a full understanding of how the different laws will affect your individual case.

Most often, the court that has jurisdiction over the divorce proceedings, also has say so in the custody of the children. Whenever a child is born to parents who are married, they both have equal legal rights to the custody of the child should they separate.

The most important consideration in a child custody case is what is in the best interest of the child. The child’s well being takes precedence over the parents wants and desires. Some states believe it is in the best interest of the child to maintain frequent contact with both Mom and Dad. Often times, the parent who is able to be the most supportive of this notion is appointed as the custodial parent.

The custodial parent is the term used for the parent who spends the majority of time with the child. Therefore, a non-custodial parent is the term used for the parent who spends less time with the child.
Most states have an arrangement is place, should both parents disagree on custody of the child. Often times, the parents are required to attend mediation in order to work out a visitation plan that both Mom and Dad can agree upon. With mediation, the parents meet with a neutral third party, who then helps the parents to try and resolve their differences, as they relate to custody.

However, if mediation fails, the parents can then take matters into court. They can present both sides of their cases to the judge and let him or her make the final decision as to the custody of the child.

Child custody cases can be extremely difficult and expensive. A mutual agreement is preferred, since joint custody is more likely to be utilized, than if a judge were to make the decision for the parents.

There are many factors that come into play in the case of child custody. Since the laws vary from state to state, it is important that a local lawyer be consulted. Be sure to familiarize yourself with the laws of your state, before going forward with a child custody case.

Filed Under Family Law Tagged With About, Child, Custody, Know, Laws, Should

Find a Competent MN Divorce Law Firm to Handle Your Divorce and Protect Your Interests

July 20, 2010 By Law Library Leave a Comment

When it comes to sports and pastimes, we usually let the experts handle the game. It is no different if you are looking at facing a divorce, you should let the experts handle the law’s game plan, the game plan of having everything right the first time so your divorce can be affected quickly and there are no surprises. A MN Divorce Law Firm specializes in Family Law and Divorce falls under this category of legal action. However, by shopping around and doing a little research, you may be able to get your divorce done a lot cheaper by a MN Divorce Law Firm than a MN pro-player’s salary.

Divorce is expensive and it seems to never go as quickly or smoothly as anyone prefers. Nevertheless, by having a good Divorce Law Firm you can at least get a free consultation to let you know about how much your divorce will cost you and how long it should take, if it is uncontested. Uncontested, meaning you and your spouse have or will be able to agree on most issues regarding possession or custody. Your MN Divorce Law Firm will also be able to explain the process and let you know the fees when there are issues that you and your spouse cannot agree. This then would cause the case to be heard in a trial and be presided over by a judge. That is why you need a good Law Firm on your side to be watchful over the process and ensure your personal rights are not violated and that you get at least a certain portion of the marriage estate when the marriage is dissolved. Remember, it is never a good idea to represent your self; even lawyers hire other lawyers when they have a legal issue. They know they want the required expert knowledge and have someone who can objectively take care of their case and you should too.

Many ask the question, “How do I keep down the costs in a divorce proceeding?” First, it is a wise decision for you and your spouse to have a prenuptial agreement that was executed before the marriage. Prenuptial agreements are usually drawn up when one of the spouses is significantly wealthier and who has more assets than the other spouse has when they marry. The prenuptial agreement protects this wealth for the spouse that the prenuptial defines and this agreement has most of the issues already defined should a divorce be desired. Then the only issues would be child custody and assets that were earned or purchased after the marriage. The second way to save some time and money is for you and your spouse to sit down together and make your own agreement lists to be discussed with your MN Divorce Law Firm.

The more you agree upon, the less you will be charged in fees associated with your divorce and will reduce the amount of time to process the divorce. Third, you can represent yourself. However, this may result in being more expensive and take much more time in filing as there may be many points of law that are not properly addressed and the judge wants to be clarified and corrected as they pertain to the rules of law that pertain to divorce. You are much better off having a good MN Divorce Law Firm represent you in a divorce hearing and ensure your paperwork is correct and completed in accordance with Minnesota Law.

Having a competent MN Divorce Law Firm on your side when getting a divorce in the state of Minnesota will help ensure your divorce is fully compliant with the law, all agreements and division of real property, personal property and custody of any children affected by the divorce.

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

Filed Under Family Law Tagged With Competent, Divorce, Find, Firm, Handle, Interests, Protect

Family Law

July 19, 2010 By Law Library Leave a Comment

There are many hardships a family can face during a lifetime. When the unthinkable happens, such as experiencing a divorce, finding out about child abuse or a child abduction, or having to deal with property settlements, the legal terms and rules will not be foremost on your mind. In cases like these, the amount of work to be done can seem overwhelming. The legal system is a very complex system, and although it might seem expensive and time consuming to seek advice from a lawyer, doing so can save both money and time in the future. It is important to seek advice from a lawyer who specializes in your specific legal problem. He or she will use expertise and experience to reach a satisfactory outcome to the situation. If one of the situations above happened, one would seek out a Family Lawyer.

Family law is the area of the law that deals with domestic relations and family related issues. Complications that arise from situations such as the nature of marriage and domestic partnerships, issues involving spousal or child abuse and child abduction, and issues arising from the termination of a relationship such as divorce, annulment, property settlements, and parental responsibility are all included under the category of Family Law.

Relying on settlements without the aid of a family lawyer can be very risky. Without the legally binding decisions, trouble can be caused if one of the parties involved in the settlement decides to change his or her mind in the future. This is especially important in property settlements. “Property” in a property settlement can be interpreted as almost anything that is capable of being owned. A property settlement includes everything belonging to a couple, regardless of who bought it, who’s name it is in, or if it was owned before the marriage.

In the situation of a property settlement, it is easy to see how the amount of work can become overwhelming. This is where a family lawyer can be extremely helpful. When most people think of a lawyer, they immediately assume a court visit is in order, but in family law situations, this is not the case. In fact, going to court is often best left as a last resort. Most family law cases can be solved through simple negotiations between the parties involved. The lawyer will help obtain a satisfactory settlement and insure that complications will not be ongoing. Outcomes are not simply a 50:50 split of the assets, but rather a division based on the circumstances of the specific situation. It sometimes requires an outsider to have unbiased view of what those circumstances really are. The family lawyer will help determine and organize information about factors such as age, health, education, and job qualifications to decide how the case will be settled.

If parties are open and honest in a family law situation, settlement of a case should go smoothly for everyone, resulting in a satisfactory outcome. Experiencing any type of family trouble can be extremely stressful, causing strong emotions and thoughts to occur. A family lawyer is a sound investment that will listen to the concerns of all those present, and will give objective advice about legal obligations and rights of entitlement until a desired settlement is reached.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Filed Under Family Law Tagged With Family
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