BARTER AND BARGAIN, THRIVE AND SURVIVE – MN Family Law

I’m Jennifer Moore of Moore Family Law in Plymouth, Minnesota. Our legal practice encompasses trusts, estate law and probate as well as family law. But the holidays present a special challenge for families that are going through a divorce, a process which often brings with it disputes over emotional hurts, property, child support and alimony, custody and visitation and Spousal Support Lawyer MN.

TIMES ARE TOUGH – Discussed by a Minnesota Family Attorney

I’m sure I’m not the only one who has read / watched / talked about the economy this past weekend and gone, “Yikes!”  Times are tough! This puts the emphasis on being very flexible, very opportunistic as it were, about how you stretch your precious few dollars and still get done what has to get done.  We find people faced with this every day in our family law practice.

BARTER

Remember the story about Abraham Lincoln, who took various items in trade for legal services?  True story!  I could also tell you a story about how my mother paid for her first baby’s delivery by selling her cow Becky.  Turned out she, and the baby, were quite happy with the results of the trade.  The point is, if there’s a service you really need, and you are short on money, find someone you may be able to make a trade with, and make an offer to them.  I wouldn’t expect the IRS to take a cow in trade (whether named Becky or not) but perhaps a solo Divorce lawyers Minnesota, your accountant, or small practitioner would take some work on their house or office or car or home computer.  Try it!  And, be ready to be flexible.

BARGAIN

Many of us are not good at this at all, except maybe during port time on a vacation cruise.  The point here, I think is to go for not the cheapest but the best you can afford.  I know of one family who always got everything the cheapest when they built a garage behind their house.  They spent a lot of time in the courts trying to get recovery from the fly by night contractor who swindled them, *and* the garage leaked, too.   Use your brain!  If, for example, you’re bargaining for a lawyer and the cheap one has to look up everything in a book before he answers you, while the higher priced one knows the law already… you may be better off with the “more expensive” attorney since she has a better chance of actually accomplishing what you want.

CUT BACK

OK, I’m preaching motherhood and apple pie here, but cut back cut back cut back.  More than a few people we know have discovered the parsimonious joys of shopping at that really bare bones – and small! – Grocery store chain.  What applies to groceries applies to much of what we need in life.  Yes we have to give up variety and some expensive favorites but if the alternative is between living parsimoniously or living on an ever increasing credit card balance, I for one would choose parsimony.

DON’T SWEAT THE SMALL STUFF

Anticipation of a dire situation is often worse than the situation itself.  Someone once wrote that the fact that there is a problem means that the elements are already present in the situation, for a solution.  You just have to dig it out.  For myself, I find that doing *something* — provided I’ve put some thought into its appropriateness – is better than doing nothing.  And, if after consideration, nothing is what you are compelled to do, that can work too.

DO SWEAT THE BIG STUFF

Family, friends, your own dignity and honesty.  THIS *stuff* is well worth paying attention to; and making sure that even if at the cost of some short run advantages, there are principles you can stick to.

Please come back to our blog as we discuss more topics about Family Law and the economy.  You can visit our website, or give Moore Family Law a call 763-951-7330, if you have questions that you need answered.  We would be happy to assist you.

About Author

Jennifer graduated from the University of Minnesota cum laude with a bachelor’s degree in speech communications. In 2006, Jennifer achieved her life’s dream; owning her own Family Law Attorney Minnesota practice. She practices every day as Divorce lawyers Minnesota with the intention of representing her clients’ future.

Agreeing to Valuation Dates

I’m Jennifer Moore of Moore Family Law in Plymouth, Minnesota. Our legal practice encompasses trusts, estate law and probate as well as family law. But the holidays present a special challenge for families that are going through a divorce, a process which often brings with it disputes over emotional hurts, property, child support and alimony, custody and visitation and Spousal Support Lawyer MN.

You and your spouse have been through counseling and some tough times, and you’ve come to realize that it’s time to separate, or even, divorce.  During this emotionally taxing time, you also have to start thinking about dividing your physical property.

The property you have to consider dividing includes just about everything, including the kitchen sink.  It includes your home, cabin, cars, possibly a boat and a pair of jet skiis.  The property represents a lot of investment of time and money in physical objects.  Further, there are intangible assets that are literally investments, including bank accounts, retirement assets, and investment assets.

Before the recent downturn in the economy, it was relatively simple to determine the value of individual property.  Your home could be appraised, and you could refinance the mortgage fairly easily to buy out one spouse.  You could look up the Kelley Blue Book value of vehicles.  You could talk to your Human Resources director to get a current valuation of your 401(k).

That’s not necessarily the case anymore. It has gotten more difficult to value property that has significantly lost value over recent time.  Setting the valuation date becomes an issue to be fought over, as each of you want a more beneficial valuation date to maximize your share of the property.

Minnesota statute sets the valuation date of property to be divided in the divorce “as of the day of the initially scheduled prehearing settlement conference.”  Minn. Stat. § 518.58, subd. 1.  It is possible, however, to modify that valuation date if “agreed upon by the parties.”  Id.  Further, the court may make “specific findings that another date of valuation is fair and equitable.”  Id.

Ideally, you and your spouse should agree on a date to determine the values of all your property.  This may include talking to a real estate agent to discuss the value of your home, an accountant to determine the value of your physical assets, and a financial advisor to determine the best time to value your intangible assets.  The more you and your spouse can cooperate on this one issue as you move through the process of Divorce Lawyer Minnesota, the more you can save in attorneys’ fees down the road. 

About Author

Jennifer graduated from the University of Minnesota cum laude with a bachelor’s degree in speech communications. In 2006, Jennifer achieved her life’s dream; owning her own Family Law Attorney Minnesota practice. She practices every day as Divorce lawyers Minnesota with the intention of representing her clients’ future.

Family Law Mission and Values

Mission

We help families in need create new futures.

Values

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.

Each case will be handled in a way that promotes our clients’ best interests as expressed by our client.

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.

All matters will be handled with no unnecessary delays.

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 Spousal support lawyer MN 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.

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.

About Author

Jennifer graduated from the University of Minnesota cum laude with a bachelor’s degree in speech communications. In 2006, Jennifer achieved her life’s dream; owning her own family law practice. She practices every day as Divorce lawyers Minnesota with the intention of representing her clients’ future.

Uncomfortable Planning – Prenuptial Agreements

Emily Matson here from Moore Family Law.  I’d like to talk a bit this week about an important area in family law:  Prenuptial Agreements.

Minnesota statute § 519.11 authorizes the use of “antenuptial” agreements (prenuptial in every day language) in order to give parties the chance to disclaim any interest in nonmarital or marital property after they are married.

Prenuptial agreements are almost a necessity when one party comes from a family farm heritage, or when one party is part of an on-going Minnesota Family lawyer business.  Prenuptial agreements will limit the outside-spouse’s interest in property that is intended to stay within a particular family unit, whether a divorce occurs or not. 

One reason people rarely want to discuss prenuptial agreements is because they contemplate divorce before you have even said “I do.”  However, it can also provide for certain property settlements in the event of death of one spouse, even when there is not a divorce. 

In order to be enforced in Minnesota, a prenuptial agreement must be made after a full and fair disclosure of the earnings and properties of each party, and each party must have had the opportunity to consul with legal counsel of their own choice.  One lawyer can NOT advise both parties to the agreement.  The agreement must be in writing, witnessed by two persons, and notarized.  If the agreement covers any real property, it should also be recorded in the county where the property is situated. We can handle all of that at our office in Plymouth, Minnesota. 

What kind of property can be disclaimed in a prenuptial agreement?  Well, for the specifics of your case, you’ll have to make an appointment with us to sit down and discuss your particular situation.

About Author

Jennifer graduated from the University of Minnesota cum laude with a bachelor’s degree in speech communications. In 2006, Jennifer achieved her life’s dream; owning her own family law practice. She practices every day as Divorce lawyers Minnesota with the intention of representing her clients’ future.