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Brown Law Office
September 21, 2013

Post-Decree Motions in Minnesota : An Overview of the Relevant Legal Standards

Post-decree motions vary in terms of complexity and the elements necessary to meet the relevant burden of proof: Custody: Must show that a child is either: (1) integrated into non-custodial parent’s home; or (2) custodial parent’s home environment endangers child. Parenting Time: Must show modification of schedule serves best interest of the child. Out of State Move: Must show best interest of the child is served by relocation. Court will examine purpose of move, nature of relationship among non-custodial parent and child, and ability to …

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Brown Law Office
September 14, 2013

Attorney Fee Awards in Minnesota Divorce Court

Attorney fee awards are relatively uncommon in Minnesota family court. There are just two bases upon which a family court litigant may make a claim for fees and costs: Need-Based: Awarded if a party cannot afford fees and costs, but the other party can afford to assist. Bad-Faith: Awarded if a party engages in conduct designed solely to harass the other, delay the proceeding or drive up the fees and costs of the other party without sufficient justification. If you have a question concerning attorney fee awards, our lawyers are here to help. …

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Brown Law Office
September 7, 2013

Spousal Maintenance in Minnesota : A Quick Guide

Spousal maintenance is a factor-based award in Minnesota. In this quick guide, find key information concerning spousal maintenance awards in Minnesota: Need: The party seeking spousal maintenance must establish a need. This is determined by comparing the party’s projected monthly budget against the party’s ongoing income. Ability to Pay: If a party establishes a need for spousal maintenance, the other party’s ability to pay will be examined. This is determined by comparing the party’s projected monthly budget against the party’s ongoing …

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Brown Law Office
September 1, 2013

Property Division in Minnesota Following Divorce

Property division in Minnesota family court typically results in each party receiving an equal share of the marital estate. Here are some key provisions concerning the allocation of assets and debts as part of a divorce in Minnesota: Marital Property: Property acquired by the parties, during the marriage, through marital efforts. Non Marital Property: Property brought into a marriage by one spouse, acquired during the marriage as a gift or inheritance to one spouse, not the other, or property acquired during the marriage in exchange for another …

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Brown Law Office
August 28, 2013

Custody in Minnesota : Definitions and Standards

Custody disputes are some of the most intense, emotional cases we handle. Here we  provide basic information concerning custody and parenting time issues in Minnesota divorce and paternity cases: Legal Custody: Involves the key decisions made on behalf of a child in terms of education, religion and medical needs. The presumption is that parents will share joint legal custody. This presumption may be overcome by demonstrating an inability to communicate or a history of domestic abuse. Physical Custody: Involves the day to day care and decision …

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Brown Law Office
August 21, 2013

Marital Dissolution in Minnesota : Procedural Primer

Marital dissolution cases in Minnesota involve a number of procedural elements. Here is a summary, from case inception through appeal: Filing: Once the Summon and Petition are served upon a party, the action may be filed with the Court. ICMC: First interaction with the Court is an Initial Case Management Conference. This is an informal conference to determine the issues and how to best proceed. Parties can elect ENE or traditional litigation. ENE: Early Neutral Evaluation occurs, if the parties agree to participate. There are two types: (1) …

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Brown Law Office
August 15, 2013

Minnesota Divorce Concepts : Case Basics

Divorce in Minnesota involves a number of often overlooked basic elements, summarized here: Parties: The initiating party in a dissolution action is the Petitioner, while the responding party is the Respondent. Jurisdiction: Subject matter jurisdiction exists if one party has resided in Minnesota for at least 180 days. Personal jurisdiction exists if party is a resident of Minnesota, has minimum contacts with Minnesota, or submits to jurisdiction in Minnesota. Venue: A dissolution action may be brought in a county in which either party resides at …

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Brown Law Office
August 7, 2013

Social Early Neutral Evaluation in Minnesota : Process Overview

Social early neutral evaluations are rising in popularity in Minnesota. If the issue of physical or legal custody is in dispute in your divorce, it is likely that the court will encourage you to participate in a Social Early Neutral Evaluation – often referred to as an SENE (Hennepin, Sherburne, Wright, Dakota, Scott County). In Anoka County, the process is known as a Custody and Parenting Time Early Neutral Evaluation, or CPENE. Fortunately, there is about an 80% settlement success rate associated with the process. An early neutral evaluation is a …

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Brown Law Office
August 1, 2013

Prenuptial Agreements in Minnesota : Elements to Understand

Prenuptial agreements in Minnesota allow engaged couples to prepare for the worst, whether marriage ends by death, or divorce. Here are some key things to understand: Purpose: Determine rights and obligations of parties should a marriage end because of death or divorce. Contact: The law of contracts applies to prenuptial agreements Enforcement: Valid prenuptial agreement must have been executed in a procedurally fair manner, and must be substantively fair in its terms. Statutory Requirements: In addition to fairness requirements, prenuptial …

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Brown Law Office
July 25, 2013

Financial Early Neutral Evaluation in Minnesota : FENE Overview

Financial early neutral evaluation in Minnesota is growing in popularity. Many counties (including Hennepin, Anoka, Dakota, Ramsey, Wright, Chisago, Isanti, and Scott) are now offering the litigants in a contested divorce an opportunity to participate in an Early Neutral Evaluation.

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Brown Law Offices, P.A.

11125 Zealand Avenue North
Champlin, MN 55316

T. (763) 323-6555 | F. (763) 323-6988

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