By Jennifer Moore, Family Law Attorney

As part of your divorce, you may have decided to change your name. If so, there are several steps you should take after your divorce becomes final. Your first step should be to obtain a certified copy of your Judgment and Decree from the Court Administrator. Then, you will want to do the following:

  1. Notify the Social Security Administration.
  2. Obtain a new driver’s license or state identification card.
  3. Change your name on all bank and investment accounts and your safe deposit boxes.
  4. Change your name on all credit cards.
  5. Notify all of your creditors.
  6. Notify your utility companies.
  7. Change your passport.
  8. File a change of address with the post office.
  9. Change your car titles and registration.
  10. Notify insurance companies.
  11. Notify your employer and any retirement or pension accounts.
  12. Notify friends, relatives and co-workers.
  13. Change your email address if it contains your married name.
  14. Notify places where you have memberships and subscriptions, such as the public library, health club, or Netflix.
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A Family Law Attorney’s advice on Preventing Divorce

 
Over the past few years, I’ve seen a lot of divorce.  I’m not sure how many were preventable.  I do know that many of my clients did not want the divorce.  But in Minnesota, if one party wants a divorce, a divorce is granted by the Courts.  I’ve heard good things about Divorce Busting.   http://www.divorcebusting.com/  Maybe it will prevent some of you from becoming a client. 
 

Jennifer Moore
Moore Family Law, P.A.
www.moorefamilylawMN.com

Plymouth,  MN
jennifer.moore@moorefamilylawMN.com

Market Risk and Divorce

April 22, 2009

Market Risk and Divorce

 

One of the biggest issues in divorce involves the liquidity of the assets.  In a typical divorce, there will be a house, bank and investment accounts, and retirement assets.  The house and retirement accounts are not readily convertible into cash (especially in this market).  The bank and investment accounts are cash equivalents.  A good divorce settlement will attempt to match the needs of each party to the liquidity of the assets awarded to them in the divorce.  Thus, if one party will need cash to go back to school or fund a new home purchase, he or she should be awarded enough liquid assets to accomplish this goal.  At the same time, however, market risk is inherent in less liquid assets.  For example, until recently, real estate was a phenominal investment, but in the last year, prices have declined substantially, and there is a chance that it will be difficult to sell the home. 

 

Consider this extreme example of an unbalanced divorce settlement:  http://consumerist.com/5215609/divorcing-a-tycoon-you-win-some-you-win-some  The comments to the story are also interesting reading. 

Jennifer Moore
Moore Family Law, P.A.
(763) 951-7330
mfl@moorefamilylawMN.com
www.moorefamilylawMN.com

The economy is affecting everyone in one way or another.  Even if you still have your job, you might be having a hard time making the house payment.  Even if you still have your house, you might be having a hard time buying groceries.  Something is getting cut along the way for everyone, and sometimes this has a greater impact than you might originally expect.

 

Minnesota Court Budgets

In the Court system, the situation is the same.  The budget that the Courts need and the budget that the Courts get are two different things, and the Courts have to make decisions about where to cut back.  Articles in the publications, including http://mnbar.org/benchandbar/2008/dec08/court.html  in “Minnesota Bench & Bar” and http://www.growthandjustice.org/Fewer_clerks_shorter_hours_Budget_cuts_slow_wheels_of_justice.html in “Growth and Justice”, have addressed the problems facing the Courts.  The Court websites themselves have posted bulletins about the budget cuts’ impact http://www.mncourts.gov/district/4/?page=3278  and how funding cuts threaten public safety http://www.courts.state.mn.us/district/0/?page=NewsItemDisplay&item=44518

 

The Impact on Family Law in Minnesota

The impact of the budget cuts on your family law matter could include the following:

  • Delay in filing matters and scheduling hearings and trials.
  • Delay due to lack of law clerks and court administrators to handle the work, and potentially less informed judicial officers.
  • Delay in filing due to courts being closed on Wednesday afternoons.
  • Lack of services such as arbitration and appointments of Guardians ad Litem.

 

Until the economy turns around and more money is available for Court services, you should expect a longer delay in having your family matter resolved.  Consider hiring an attorney help guide you through the process and explain the frustrating delays to help you through this difficult time. 

 

Emily M. Matson, Esq.

www.moorefamilylawMN.com

emily.matson@moorefamilylawmn.com

Welcome!  Today I’d like to address what’s happening in the legal profession and how it affects you as a client of a family law or probate law attorney.

 

YIKES!  TODAY, IT LOOKS LIKE A CRISIS TO ME

There is no shortage of alarming headlines nowadays about legal matters.  Look at these from the “Legal Strategy Review” published by CPA Global www.cpaglobal.com 

  • The Heat is on (the global economic crisis)
  • Disputes on the Rise (There has been a big rise in wage-and-hour disputes)
  • Opening the Book on Bankruptcy (Bankruptcy filings are expected to jump)

 

Here’s what I think after reading the magazine, with my thanks to the publishers for their inspiration.

 

IS YOUR ATTORNEY FOCUSED ON THEIR STRENGTHS?

The law firms that stay strongest during this economic and social crisis will be the ones planning for it and acting to meet it.  One way to do this is for the lawyer to avoid the temptation to grab just any client that comes along.  What is the smarter, more sustainable strategy is for the attorney to clarify and focus on what she does best, to help you discover those strengths, and to take the necessary steps to ensure that she can actually deliver what is promised.

 

Your focused attorney will use computerization, electronic record keeping, and paralegals and assistants to provide subordinate but necessary services to you (scheduling, discovery, document management) for less than the cost of a full blown attorney.  They will also bring their strengths to bear on your case.  Among these strengths would be:

  • Honesty:  they tell it like it is, as gently as possible – but the tell it.
  • Empowerment:  they work on a strategy that meets *your* needs.
  • Commitment:  they work for your commitment and work to win your case.
  • Concern:  they really do care about you and your goals. 

 

HOW DO YOU FEEL?

These are stressful times.  It pays to be in touch with your rational brain and with your feelings.  If you feel an attorney is just not right for you, keep on looking.  Think about it, yes, but if it does not feel right it probably isn’t.  Some attorneys are pit bulls looking for one pit bull to represent and a third one yet to oppose!  Some are not quite so pugnacious although just as effective advocates for your interests, in their own way.  This is especially true in the area of family law:  divorce, child custody, alimony, child support.  Find a lawyer who fits you in every possible way.

 

YIKES!  I OWE MY ATTORNEY HOW MUCH?

Sad but true, nothing is free.  If your lawyer is doing their homework, they are thinking about such things as the following in addition to your case and those of their other clients:

  • What is my cash flow.  How can I increase it?
  • What are my expenses.  How can I cut them?
  • What is my client base.  How can I identify and recruit them?
  • What are the needs of my clients.  How can I meet them?

 

You will want to hire an attorney who has asked and answered these very questions.  You want someone who has taken the steps to ensure, insofar as possible, that they will not be swept away in a flood of bankruptcy, crisis and broken contracts.  If that happens, they can’t work for you, no matter how high or low their bill is.  If they’re good enough to hire, they’re good enough to pay. 

 

What you want, and what you don’t want, are major determinants of the size of your bill.  Are you unwilling to compromise on any substantive issue?  It’ll probably cost you more in money, time and anguish.  Are you, for instance, bound and determined to get your wedding ring back?  Ditto.  To get what you want in the face of strong opposition, are you willing to pay your attorney an additional $5,000?  $50,000?  More?  Think it through; talk it out with your attorney, and be reasonable. 

 

I hope you have found this informative.  I’m Tom Moore, office manager at Moore Family Law in Plymouth, Minnesota

 

Our web site is at:

www.moorefamilylawMN.com

 

You can email us at:

mfl@moorefamilylawMN.com

 

You can call us at:

763-951-7330

MN Family Law Attorney Discusses Alimony

Is $53,000 Per Week Too Much Alimony?

The wife of United Technologies Chairman George David is claiming that she requires an award of temporary maintenance (alimony) to cover her basic weekly expenses of $53,000.  http://www.nypost.com/seven/12192008/news/nationalnews/really_high_maintenance_144934.htm  That is $2,756,000 per year.   It’s hard to put your head around that kind of money, especially if you are the one being asked to pay alimony. 

 

In fact, in Minnesota maintenance (commonly referred to as alimony) is awarded based on a number of factors, including the standard of living during marriage.   In order to decide whether to award maintenance and the amount of an award of maintenance, both husband and wife will submit proof of their income and a proposed monthly budget.   The Court then balances the needs of the spouse seeking maintenance against the ability of the other spouse to pay.   

 

How About Zero Dollars per Week Alimony?

Not all cases warrant an award of maintenance. Sometimes, the marriage is not sufficiently long such that the spouse seeking maintenance has become accustomed to a higher standard of living or has lost opportunities to be self-supporting.  Sometimes, the needs of the spouse seeking maintenance are not sufficient to justify an award of maintenance.  And sometimes, there is no ability to pay.

 

Maintenance is a highly contentious issue.  In cases where maintenance is an issue, there is a much higher probability of going to trial and having a judge decide the case.  Unless a monthly budget is accompanied by solid supporting evidence, such as receipts, cancelled checks or other documentary evidence, it is likely that a Judge will red-line the budget, substituting his or her own judgment for the parties’.  $53,000 per week is likely to sound too high, even if it is consistent with the standard of living during the marriage.  

 

Similarly, if the Court must examine income information, the Court is likely to base its judgment on historical information, even though today’s economic reality might indicate that historical data is overly inflated. 

 

Your Attorney’s Job in a Divorce / Maintenance Case

The attorney’s job in a maintenance case is to give the Court less reason to disagree with your judgment about your needs and resources.  

 

 

Jennifer Moore

jennifer.moore@moorefamilylawMN.com

Moore Family Law, P.A.

www.moorefamilylawMN.com

3350 Annapolis Lane North, Suite C
Plymouth, MN 55447
(763) 951-7330

Death and Divorce are Traumatic

 

OK, here you are seeking a divorce, or planning for the death or disability of yourself or a loved one.  You seek out an attorney to handle the divorce, trust or estate.  This is an emotionally charged time for you and your family.  We understand.  Many family law clients are angry, often but not always justifiably so.  Divorce, child custody, child support, property settlement, and alimony are hard topics.  So are probating a will, drawing up a will, crafting the estate plan you want for yourself or your loved one.  No wonder people get angry!

 

 

Not every good lawyer gets every client mad, but a really good lawyer can actually get you more annoyed, not less!  Why?  Because they’re good, that’s why. How do I know?  Look, I’m only the office manager at a small family law firm.  But I have survived a divorce, I’ve taken people to court over civil matters, and I‘m the fly on the wall when the lawyers in the office make legal decisions. 

 

 

What I notice is a lot of difficult communication.  We have attorneys because the law is complex, changing and can be unpredictable in its outcomes.   The law has been around for centuries — and it shows!

 

There are rules and regulations and laws the ordinary person cannot be expected to know about and who can be expected to have a difficult time grasping.  There are doctrines in the law that are so much a part of everything that lawyers and courts do that it can be a culture shock to you, the client, when you find out about them.  For instance in Minnesota family court fairness – not victory — is the point of the proceedings.  Family courts in Minnesota are a really bad place to get revenge.  You can get justice regarding your divorce, alimony, child support, child custody, the division of marriage property, yes; but these are based upon fairness to all parties concerned, especially the children.  You cannot expect the court to base their decisions solely upon your case and especially not on your feelings.  The courts and the laws are required to balance the needs of all parties concerned.

 

 

What a Real Divorce or Trusts and Estates Lawsuit is NOT!

 

If a lawyer is really good, she or he will do things you never thought possible, necessary, or sufficient for your case.  Let me break this down.  First, here are a few examples of what will not happen:

 

*             A real case is not heard in a courtroom resembling “Judge Judy,”

“Law and Order” or “Boston Legal.”  Emotions don’t win cases. Facts, a winning strategy, and understanding and applying the law wins your case.

*             You won’t see someone on the other side break down and jump up

shouting from the witness chair, “Yes, I did it!  I did it!  I lied, lied about everything and I’m glad do you hear me, glad!!!”  Nope, that’

s not going to happen. 

  

*             A real case, especially one in Minnesota regarding family law

(divorce, alimony, child custody, child support, etc.) or one involving trusts and estate (Trusts, estate planning, probate, legacy planning,

etc.)  – is most probably not a celebrity case.  It will not involve a phalanx of attorneys on either side and it will not involve a barn full of evidence and a courtroom full of perky, quirky and technical expert witnesses who work in those really futuristic crime labs like you see on

CSI:  Miami!.

 

*             Your case, with a good lawyer, will probably involve fewer

witnesses, fewer exhibits and less time and emotion, and quite possibly

more money, than you think necessary.   

 

 What a Competent, Caring Family Law or Trusts and Estates Attorney Will Do

 

How come?  Well, here are some examples of what I think a good lawyer would do.

 

*             A good attorney will bear in mind where he or she is practicing

law.  We practice law in Minnesota.  Not only does that involve knowing Minnesota law, it involves knowing what judges here tend to like, and dislike, what the case law is, what juries like, and dislike, and so on.

 

For instance, Hennepin county juries do not usually award large dollar settlements for anything.  

 

*             A good attorney will charge you what they are worth, because a

good attorney has to pay for research, computers, office staff, think time, writing time, and so on.  You get what you pay for.  This does not mean your bill will be astronomical, but it also does not mean you want to retain the cheapest attorney, or that you can make a decision based on hourly rates alone.

 

 

*             A good attorney will carefully craft a strategy and tactics for

the case that will not only be designed to bring you justice but will also be designed to bring you the justice you can afford.  Let me be clear – you may be able to get a settlement more favorable than might ordinarily be expected, but doing so will almost certainly cost you more time, anguish, money, and work than if you get a good, but not astronomical settlement – one you can afford to pay for.

 

 

*             A good attorney who knows the family law and probate courts here

in Minnesota, will present the most telling argument, the most telling strategy, the most telling evidence, in your case.  She or he will not necessarily present all of the evidence you have helped gather and paid your attorney to gather.  Courts do not necessarily need to hear the same conclusion propped up in all sorts of different ways.  The courts are usually most impressed by a tight, cogent and brief argument which they can assume is your best argument.

 

 *            A good attorney won’t just throw affidavits, evidence, and

arguments at your case.  She or he will work to get the sharpest, most relevant argument winnowed out of the mass of emotions and data and paperwork involved.  

 

I hope you have found this informative.  I’m Tom Moore, the office manager at Moore Family Law.  You can reach us at:

 

 

 

Moore Family Law, P.A.

www.MooreFamilyLawMN.com <http://www.moorefamilylawmn.com/>

 

3350 Annapolis Lane North, Suite C

Plymouth, MN  55447

(763) 951-7330

 

mfl@MooreFamilyLawMN.com <mailto:mfl@MooreFamilyLawMN.com>

 

MN Family Attorneys On Child Custody

 

Child Custody and the People You Will Meet

When you are facing a tough custody battle, either as part of a divorce or not, there are many professionals who may be assigned, appointed, or hired to help you and the other parent figure out what is in the best interest for your children.  The following is a brief overview of some of the professionals who may be involved.  Every case is distinct, and there are many factors that go into whether a particular professional may or even can be involved in your case. 

 

Guardian ad Litem

If the court is concerned about the children based on some allegations of abuse or some other serious factor, it may order a Guardian ad Litem be appointed.  A Guardian ad Litem is someone who works for the county government and is trained to interview, observe, communicate, and make recommendations about the best interest of the children in a case.  They are the ones who speak for the children, and have a lot of influence in how the case will be viewed by the court. 

 

Custody Evaluator

There are many professionals that may be hired as a custody evaluator to help the parties and the court determine the best custody arrangement for the children.  These are often private practice attorneys or psychologists with an expertise in this field.  However, Hennepin County Family Court offers an Early Neutral Evaluation program that is a free service ordered early on in a case to help the parties attempt to work out their differences in a setting similar to a full evaluation.  If parties do not come to an agreement at the end of this process, however, the next step may be to hire a private Custody Evaluator. 

 

Parenting Time Expeditor

The court may order a parenting time expeditor be appointed to help the parties with their parenting time plan or unforeseen circumstances not addressed by earlier agreement.  An expeditor is empowered by the court to make decisions on behalf of the court.  The cost of the expeditor is paid for by the parties. 

 

Parenting Time Consultant

The parties themselves outside of the court may make an agreement to hire a parenting time consultant (although this agreement can be memorialized in a settlement agreement put on the record with the court).  A consultant does not have the legal authority of an expeditor, but is generally given more free rein to deal with the broader scope of situations that may arise in parenting and custody disputes.

 

Emily M. Matson, Esq.

Moore Family Law, P.A.

www.moorefamilylawMN.com

3350 Annapolis Lane North, Suite C

Plymouth

Phone:  763-951-7330

emily.matson@moorefamilylawmn.com

Minnesota Family Attorney Discusses The Financial Recession of a Divorce 
Recessions are financially sobering affairs.  The value of your assets decrease while the uncertainty of your paycheck increases.  In a recession, you need to take charge of your financial affairs in order to ensure that you are not spending money needlessly. 

Divorces are no different.  The first step to a successful divorce is to gather knowledge about your finances.   Your lawyer will need your tax returns, bank statements, and credit card statements for the last three years.  She/he will also need current investment and retirement account statements.  If you claim a non-marital interest (because you owned it prior to marriage or it was bequeathed or gifted to you) in any financial account, your lawyer will need to see documents that reflect the value of the asset when you married or when it was gifted to you. 
Consider having your home appraised.  The cost of a home appraisal is minimal compared to the uncertainty of the market.  If you are cash strapped, ask a real estate agent to prepare a market analysis for you. 
If you have an interest in a defined benefit pension, you should know before you begin negotiations with your spouse that its present value may be higher than the value listed on your pension statement. 

Next, consider that you may be able to negotiate payoffs with various creditors.  You may be able to obtain a lower interest rate or some other concession that will reduce the financial pain that is inevitable when you split one home into two. 

It may be that you cannot obtain certain information from your banks and/or creditors, because the accounts are in your spouse’s name.  You may be able to obtain a substantial amount of information by looking around the house.  If not, do not despair.  Your attorney can obtain this information through a process called “discovery” where the other party is required to ask questions and provide documents requested by you.

Ultimately, however, the more work you do now, the less work your lawyer will have to charge you for. 

My favorite resource for financial advice is www.consumerist.com.  You should be able to find a lot of tips there for lowering your monthly payments and negotiating lower interest rates, as well as reducing your debt, and obtaining the best customer service from unfriendly customer service professionals.

 

Jennifer Moore
Moore Family Law, P.A.
3350 Annapolis Lane North, Suite C
Plymouth,  MN 55447
(763) 951-7330
Fax:  1-(866) 354-3531
jennifer.moore@moorefamilylawMN.com
 
 
 
 
 
 
 
 
 
 
 
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Moore Family Law Mission and Values

**************************

Mission

 

We help families in need create new futures.

 

 

Values

 

 

  1. Every client is part of a family.  We consider every client to be part of an interconnected group of people called a family.  What happens to the client happens to the family.  We will provide legal services to our clients which are sensitive to the fact that those services will impact others in the family.
  2. Each case will be handled in a way that promotes our clients’ best interests as expressed by our client.
  3. We will not accept or maintain representation where a client acts manifestly against what we perceive to be in the best interest of our client.
  4. All matters will be handled with no unnecessary delays. 
  5. Every client should view their attorney as the person in the firm most intimately involved in their case.  Legal services should be delivered by attorneys with the help of support staff.  Support staff should be used to add value to services personally delivered by attorneys and to facilitate the business operations of the firm.

Billing shall be scrupulously honest and reflect value received by the client.

 

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Links You Can Use During Your Divorce  

 

Divorce Source Minnesota Divorce Support Groups

Divorce, Custody & Family Law–Minnesota State Courts Self Help Center

Divorce Recovery Support Groups

Thank you for your attention.

 

Thomas Moore

Office Manager

Moore Family Law, P.A.

3350 Annapolis Lane North, Suite C

Plymouth, MN  55447

(763) 951-7330

Cell: (763) 245-4586

Fax: (866) 354-3531

Thomas.Moore@MooreFamilyLawMN.com