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Depending on value and equity, the marital homestead is generally one of the largest assets to divide between parties in a Minnesota divorce. Amicable parties may consider selling their home before they are divorced. In general, when selling a joint home, the sale proceeds are divided. The mortgage will be paid-off, real estate or closing fees paid, and then the remaining proceeds are divided between the parties.  There are many things to consider before selling…
Child support involves money given to one parent from the other to help provide and care for a child. Minnesota statutes establish child support obligations with the intent to prevent either parent, or a joint child, from living in poverty. Child support includes a base amount, childcare costs, and costs related to dental and health insurance for the child. In certain situations,  a deviation is allowed to increase or decrease a child support obligation. Factors…
When discussing finances in a divorce, income is a key element. When one spouse does not work or is underemployed, establishing a basis for earning potential is crucial. Earning potential involves an income amount that a person could be earning based on a variety of employment factors. Having a vocational assessment completed is a common way to discover earning potential. Vocational Assessments In a vocational assessment, a trained expert will make a formal statement of…
Hiring the right Minnesota custody lawyers can make all the difference. There is little doubt that child custody disputes are the most complex and emotionally charged facets of a divorce or break up. The resolution of custody issues typically serves as a gateway to resolving the remaining parts of a divorce. The good news is that there are a number of processes available to help the parties reach an agreement. Sometimes agreement is reached early…
After the first of the year, many people will start thinking about their taxes and putting together documentation for their accountants. If you are divorced and have children, this also includes who will claim the children on their income tax return. Your final judgment and decree should outline the specifics regarding joint children and taxes. Exemption for Dependents When you have children, there is an exemption available on your taxes for dependents. To claim a…
Because your estate plan closely reflects your life, it is necessary to update it accordingly. In fact, many people will update their estate planning documents every five years.  This should include a Will, Health Care Directive, and Power of Attorney. A general rule of thumb is when major life events occur, such as having children or getting married, your estate plan should be updated. Change in Marital Status Marriage is one of the most common…
While you may have a signed judgment and decree in hand, your divorce may require follow up work to tie up loose ends and complete the process. Post-divorce, it is important to update insurances, manage financial accounts, update your name and address, renew your estate plan, and create a new financial plan. Update Insurance During a divorce, you are prohibited from removing the other party from insurance policies. After a divorce is finalized, it is…
Did you know that we are one of the leading family law and divorce attorneys in Minneapolis, MN? The Brown Law Offices, P.A. is a family-owned law firm located 15 northwest of downtown Minneapolis.  Our practice is limited to family law, criminal defense and estate planning. Our lawyers have appeared in courtrooms throughout the Twin Cities, and greater Minnesota – from Duluth to Redwood Falls, Winona to Park Rapids. The success of our practice stems…
Spousal maintenance (or alimony) can be a temporary or permanent order. A temporary spousal maintenance order outlines the specific obligations for support – such as how many months or years the alimony must be paid. For a permanent spousal maintenance order there are a few reasons that will allow you to modify the award. As you think about retirement, you may wonder how your support obligation may impact the future. Requirements to Modify a Permanent…
Personal property is a common concern for those thinking about estate planning. Many people have specific requests for who should receive items such as heirlooms, collectables, and other tangible property. A Minnesota Tangible Personal Property List is a common legal document used to itemize who receives personal property in the event that you pass away. Why are Tangible Personal Property Lists Important? Tangible personal property is generally not included in the body of a…