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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 Office
April 23, 2013

Effective Co-Parenting During (and After) Divorce

Nothing disappoints me more than family law litigants who think of their child as a pawn, placing them smack dab in the middle of the fight. There’s just no good reason for it. And, every expert I’ve encountered on the subject suggests that the parent who does so – even if they appear as the “hero” to the child in the moment – will suffer the consequences in the long run; the child will soon grow old enough to understand what was done to them.

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Brown Law Office
March 17, 2013

Allocation of Income Tax Exemptions for Minor Children Following Divorce

One of the issues that divorcing parents have to tackle involves an allocation of the income tax exemptions for the minor children. Who claims who? This is a matter that should not be overlooked; tens of thousands of dollars in future tax benefits may be at stake. And, if both parents make the same claim in the same year, a phone call from the IRS is certain to follow.

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Brown Law Office
January 1, 2013

The Process of Filing a Motion for Temporary Relief in Minnesota Divorce Court

As more and more counties adopt the early neutral evaluation model, fewer divorce litigants face the prospect of a motion for temporary relief. A decade ago, nearly every party to a divorce would seek some sort of temporary order from the judge, given the fact that few alternatives were available for immediate structured debate and discussion concerning issues like custody, parenting time, child support, property division and spousal maintenance.

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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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