Our Brooklyn Park divorce attorneys have two decades of family court experience. Cynthia Brown was admitted to the Minnesota bar in 1998. Jason Brown was admitted in 2000. Together they have represented countless individuals facing divorce. Located along Highway 169 near 610, our office space is easily accessible from anywhere in Brooklyn Park. In Minnesota, divorce is often categorized into six distinct types:
- Contested Divorce;
- Uncontested Divorce;
- High Conflict Divorce;
- High Net Worth Divorce;
- Collaborative Divorce; and
- Military Divorce
Brooklyn Park Resources for Families in Transition
Beyond the law, divorce involves a number of other highly personal issues. The following resources are available in Brooklyn Park:
- Brooklyn Park Divorce Parent Education Classes;
- Homeless Shelters in Brooklyn Park;
- Brooklyn Park Domestic Violence Resources; and
- Career Force in Brooklyn Park
Contested Divorce Process
A divorce in Minnesota involves a number of stages. However, it is important to keep in mind that a settlement may be achieved in your case any time along the way. Once the initial summons and petition for dissolution of marriage are served on the other party, the court will schedule an initial case management conference. During the ICMC the parties will be given an option to participate in an early neutral evaluation. The odds of resolving matters during the ENE are very good. If no agreement is reached, the matter is scheduled for a pre-trial conference. Trial is usually set approximately 90 days from the pre-trial conference. After trial, the judge has 90 days to issue a written decision.
In Minnesota, divorce and family law cases are tried to the judge, not a jury. Each party is allotted sufficient time to present his/her case, through testimony and exhibits. Some cases, such as a divorce with basic financial issues, can be tried in less than one day. Other, more complex matters, such as a custody dispute, can take over one week to present to the court.
Not every divorce is a long, expensive process. In many cases, the parties reach an early agreement on all of the issues. Our Minnesota uncontested divorce lawyers can help conclude your uncontested divorce quickly, efficiently and inexpensively.
Benefits of Uncontested Divorce
The four main benefits to resolving a dissolution in an uncontested way involve money, time, control and respect. In terms of money, an uncontested case is usually wrapped up for far less than a contested case. In terms of time, uncontested cases can be concluded in less than 1/4 the time of a contested divorce. In terms of control, in an uncontested case, the parties, not the court, are generally in control of the case outcome. In terms of respect, the parties to an uncontested divorce usually have a better relationship with each other following the dissolution action.
Uncontested Divorce Process
Usually only one of the spouses hires a lawyer to prepare the necessary paperwork; lawyers cannot represent both sides in a divorce. If, for example, you hire our firm to handle an uncontested divorce, we will prepare and file the divorce petition, marital termination agreement and divorce decree. Your spouse only needs to read and sign the agreement. They may call to ask us general questions throughout the process, but they must always bear in mind that we work for you.
Appealing Your Divorce
If a litigant disagrees with a decision of the judge, they can dispute that decision by filing an appeal. Bases for reversal include:
- Demonstrating that a decision failed to follow controlling legal principles;
- Demonstrating that the judge’s decision was an abuse of discretion; or
- Demonstrating that the judge’s decision not based on substantial, credible evidence.
All family law appeals are referred to the Minnesota Court of Appeals for review, and an individual has a limited time in which to file an appeal after a judge’s final decision was made. The rules for filing an appeal are very strict. For instance, failure to submit a brief in the correct format, or a mistake in how the brief and appendix are to be prepared, could cause the clerk’s office to reject the submission altogether. When a a litigant is serious about winning an appeal, enlisting the services of an experienced attorney is crucial.
Stay Pending Appeal
It is also important to understand what happens to the original decision during the appeals process. The original decision of the court remains in effect while it is being appealed, unless the Court issues a “stay pending appeal.” A stay can be obtained by the filing of a motion. Prior to filing a motion for a stay pending appeal with the Minnesota Court of Appeals, you must first request the judge to issue a stay. In order to be successful on a stay motion, the following must be shown:
- Irreparable harm will result from enforcement of the judgment pending appeal;
- The appeal presents a meritorious issue and that you have likelihood of success on the merits; and
- Assessment of the relative hardship to the parties reveals that greater harm would occur if a stay is not granted than if it were granted.
Evidence presented to the court usually comes in the form of testimony through a written affidavit.
Evaluating Whether to Appeal
Our lawyers can assist you by evaluating your chances of success if seeking or defending an appeal, provide you with a reasonable estimation of length of time and expense involved, and offer you guidance in making an informed decision on whether or not to file an appeal. We encourage you to contact one of our family law appeal attorneys if you are interested in filing a family law appeal to further discuss the process.
Answers to Your Questions
Our Brooklyn Park divorce lawyers are here to answer all of your important questions. We represent clients from all walks of life and will protect your rights. Call (763) 323-6555 to schedule an appointment with one of our experienced attorneys.