Each week, the Minnesota Appellate Courts and the Minnesota Supreme Court publish their most recent opinions. Below are the newest ones for this week.

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Financing Life during a Divorce

 Divorce and Earning Some Extra Cash 

One of my goals as a divorce attorney is to assist my clients obtain sufficient support to maintain their assets and meet their reasonable monthly needs during a divorce.  However, as families separate from one household into two, there might not be quite enough money to finance both households and the costs of a divorce.   In these cases, my clients often look for ways to make a little extra money each month.  If you find yourself in that category, and you consider yourself “crafty”, take a gander at www.etsy.com. It’s a place to sell your arts and crafts (or buy them from other people). I am not “crafty” but found the site inspirational.

 Divorce and Managing your Personal Finances 

Sometimes, divorce makes a person realize that they don’t know the first thing about how to run their personal finances.  I have read a lot of books on personal finance, but my favorite is by Jerrold Mundis.  “How to Get Out of Debt, Stay Out of Debt, and Live Prosperously for the Rest of Your Life,” will help you develop a personal spending plan, reduce and eliminate your debt, and live within your means.  Here’s the link:  http://www.amazon.com/How-Debt-Stay-Live-Prosperously/dp/0553382020/ref=sr_1_1?ie=UTF8&s=books&qid=1243441837&sr=1-1

 Jennifer Moore

Moore Family Law
Plymouth,  MN
jennifer.moore@moorefamilylawMN.com

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

A MN Family Lawyer Talks Candidly About Divorce, a Will, and Estate Planning

 

OK, You Need a Divorce, a Will, or some Estate Planning, but…

This blog is difficult!  Have you ever felt – or been – disappointed and disorganized, dull and depressed?  I have! 

 After mulling this over this not-so-cosmic realization for a while it finally occurred to me that I’ve noticed a few interesting things lately, all of which can be summed up as “we are in crisis.”  Well, some of us, perhaps many of us, are in a crisis.  I don’t see this as basically anyone’s personal failing.  I think the whole society is in a crisis.  This may hit us personally in various ways – we need to change our will, set up a trust for our handicapped or flighty children, we need a divorce or a change in child support payments or alimony.  It hits us in many ways, but it is objective, originating outside of us, and there’s not a lot we can do about the huge changes in our society right now.  But, there are some things we can change for the better. 

 

Legal Problems are Compounded When You Have the Blahs or the Blues

Look, you’re reading this because you’ve found the Moore Family Law blog on the Web and probably because you’re considering divorce, a will, or some other not-necessarily-pleasant life change, right?  If you’re like many of the people we are seeing in our family law practice and in our trusts and estates practice this spring, you are justifiably angry, hurt, or both.  Still, getting your life back on the right track is something you need to do, regardless of how you feel right now and regardless of whatever confusion and indecision you may be feeling right now.

 

So Get Off the Couch and…

May I offer a suggestion?  Leap off the cliff and figure out on the way down how to invent the parachute.  In short, do something, anything that needs to be done, no matter how minor it may be.  Just do something.  It’ll get you off the couch and open up your mind, your will power, and your emotions to tackle the bigger stuff – that divorce or estate plan I mentioned above.

 

Still with me?  I’m talking from experience here.  When I suddenly snap to the fact that I’m watching infomercials, for goodness’ sake, but then get up and do something productive, when I start to get energized, I suddenly discover that I’m more optimistic, active and happy; and I’m  getting things done, too.  The point isn’t that, hey, all that got done was the trash got taken out or the oil changed in the car — big whoop.  Nope, the point is that when you start taking control in any area of your life, the benefits for you are truly global.

 

Once you’ve gotten this far, you can take the occasion S.T.O.P:  Meaning

 

  • Stop what you’re doing
  • Take stock of your situation and the situation outside of yourself
  • Orient yourself in the new situation
  • Proceed

 

But that’s another blog!  
 

The Proof is in The Pudding!


If you’re stuck with some unpleasant task that you really have to do that you don’t want to, that you’re afraid of failing in, that you don’t understand – do it anyway.  The fact that you realize that you have a problem is proof that you can find a solution to it; and the fact that you are doing something positive is part of that solution.

 

Have a great day!

 

I’m Tom Moore, the office manager at Moore Family Law.  We hope you find this blog amusing – and informative.  You can contact Moore Family Law at:

 

3350 Annapolis Lane North, Suite C

Plymouth, MN  55447

mfl@MooreFamilyLawMN.com

Come back and visit our blog, or if you have any questions or concerns, please contact our office  at 763-951-7330