Committed To You
Meyer, N. Under both Minnesota law,  and federal law,  as long as you yourself are a party to the conversation, it is lawful for you to record that conversation, even secretly. Furthermore, such recordings happen often enough in family practice that you are wise to assume that any telephone conversation with your spouse is in fact being recorded, and to temper your speech accordingly — i. A trickier question is whether you may record the other parent's conversations with the children. Under the doctrine of "vicarious consent," as long as a parent or guardian has "a good faith, objectively reasonable belief that the interception of telephone conversations is necessary for the best interests of the children," then he may consent to the interception i.
The Wagner case I have cited, for example, was a civil lawsuit by a one parent against the other parent who had recorded telephone calls between the children and herself. The Court allowed that lawsuit to proceed because there was a genuine issue of material fact as to the motivations of the parent who had made the recordings. I don't recommend recording any such phone calls without first consulting a lawyer.
What is a Default Hearing in a Minnesota Divorce?
Wagner, 64 F. Should I Discuss the Divorce with the Children? The generally accepted view of the courts is that children are to be kept out of the divorce as much as possible.
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Discussions of court proceedings with the children are discouraged and sometimes formally barred. Having said that, children naturally wonder and ask questions to resolve their own anxiety at a time when their parents have split up, and their family unit and daily routines have dramatically changed.
Simply proceed with sensitivity, and be careful not to place the children in the middle of any disputes. Say nothing that would burden them with any guilt, or put them in the position of having to take sides.
- Final Thoughts on Minnesota Divorce Law;
- Minnesota Alimony Laws.
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Discussing the divorce with your spouse and children together in a family therapy session is another reasonable option. Emptying the joint bank checking or savings account in anticipation of divorce would ordinarily be frowned upon, unless you had a very justifiable reason. Be warned, however, that your spouse may beat you to it. Although this can be accounted-for and compensated-for in the divorce property settlement, it can still cause great difficulty if you need the money during the pendency of the proceedings and have to litigate to get any of it back.
So what to do? All things being equal, I generally recommend taking half of the joint account money and depositing it into an individual account. On a related note, it is a useful precaution to close or otherwise terminate additional borrowing authority on any joint credit cards, lines of credit, or other joint debt accounts, when a divorce appears imminent.
With respect to joint credit cards and other joint unsecured consumer lines of credit, Minnesota law requires the creditor to close the account upon the written request of either party. Should I Get a New Lawyer?
It can be difficult for a client to know whether his or her lawyer is performing well or not. If any of the above is true, one should seriously consider obtaining new counsel. Some considerations before firing your attorney, however, are: 1 Is the lawyer being paid?
When and if you do terminate your lawyer, you have the right to your file back in a timely manner. You cannot be billed for the copying of your file upon return unless the Fee Agreement so provides. Should I Litigate or Mediate? People starting a divorce process sometimes call me asking whether they should mediate their divorce, or litigate, as if this were an either-or proposition with irrevocable consequences.
In reality, every divorce requires both formal legal procedures as well as some kind of settlement negotiations. In Minnesota, even if you prefer to litigate and leave every decision up to the judge, the rules require that before the Court will decide your case, parties must attempt resolution through some form of Alternative Dispute Resolution, of which mediation is still the most common. Even if you reach a tentative agreement in mediation, this agreement must be formalized in a written stipulation, signed by both parties and their attorneys, and ultimately approved by the Court.
Their sense of professional fulfillment is satisfied when an agreement is reached.
The “Basics” of Spousal Maintenance Arrears in Minnesota
Unfortunately, all too often, this can result in a person agreeing to things that are contrary to his or her interests, contrary to what the Court would order, and — in the worst case — contrary to the best interests of the children. Therefore, it is critically important to either have an attorney with you at the mediation session, or at least have one on retainer at the time, to consult before you agree to anything. Often times mediation is an unnecessary expense. If each party has a good family law lawyer, issues can often be settled with no mediation at all, or with a simple four-way settlement conference between the lawyers and the parties.
A couple of other things to always be aware of with mediation: Mediation is non-binding. This means that the mediator has no authority to force either party to agree to anything at all. Too often people come to me after the fact, complaining that the mediator forced them to agree to something. Just remember that no matter how much they may try to tell you that your position is unreasonable, or that the Court would never side with you, you do NOT need to agree to whatever it is they are pushing for.
Mediation is also confidential. Nothing said in mediation may be used against a person. Many times people tell me they agreed to something in mediation because they were afraid they might be seen as unreasonable. This should not be a concern in mediation, because of the confidentiality rule. Outside of mediation, your lawyer can advise you as to what positions are reasonable or unreasonable. But for mediation to work, both parties must be prepared to compromise.
If you approach mediation with the attitude that it will be an opportunity to convince the other party to do things your way, mediation will likely fail. That said, be careful not to concede too much. A lawyer can give you an appreciation of where the line is between generous cooperation and foolish capitulation. Subdivision 1. The effect of a mediated settlement agreement shall be determined under principles of law applicable to contract. A mediated settlement agreement is not binding unless: 1 it contains a provision stating that it is binding and a provision stating substantially that the parties were advised in writing that a the mediator has no duty to protect their interests or provide them with information about their legal rights; b signing a mediated settlement agreement may adversely affect their legal rights; and c they should consult an attorney before signing a mediated settlement agreement if they are uncertain of their rights; or 2 the parties were otherwise advised of the conditions in clause 1.
Contact me for specific advice. Clients often ask whether they should move out of the marital home prior to or during the commencement of divorce proceedings. Generally speaking, if child custody, parenting time, or possession of the home might be an issue in the proceedings, I advise against it. Possession of the home should be awarded to my client because he or she is already living there, and the other spouse has already moved out, so why force them to move all over again?
Such arguments do not always carry the day, but it is often a consideration that influences judges, even if they deny it. If custody is in issue or you really want to keep the house, try to stay put until the temporary relief hearing, which is your first opportunity to legally compel the other party to move out. If you do need to move out of the home immediately because it is an abusive or otherwise insufferable situation for yourself or the children, the following precautions should be considered: 1.
The key is to have in place at least an interim parenting time schedule which affords you at least as much parenting time as you hope to obtain through the court. Otherwise, the longer you acquiesce to a pattern of parenting time that is less than you desire, the more of an argument the other party will make of it against you. Now all of a sudden he wants custody [or more parenting time, as the case may be].
This is clearly a disingenuous request which should be summarily denied. The schedule the parties have been following has worked well for the children, and for the sake of their sense of stability and continuity, it should continue. Take with you all of the household goods and furnishings, and other items of personal property which you want to have, and inventory what you take.
The reason boils down to the fact that litigating personal property issues is usually prohibitively expensive, because it normally costs more to litigate than the stuff is worth. So if you ever want to see it again, it is much simpler and easier to take it with you when you leave. If you empty the place out and leave the spouse and children to sleep and eat on a bare concrete floor, you will not look good]. The point is not for you to acquire a law school education.
The point is to represent your interests with excellence and efficiency. Sometimes this is informal and limited. Other times it is formal, comprehensive, and terribly time-consuming for the parties themselves to gather the information , and for their lawyers who must review the responses and put them together in proper legal form. Because most attorneys are sloppy and lazy with formal discovery, they request much more than is really necessary to settle a case, just to cover their butts and to avoid the work of tailoring the discovery demands to each particular case, or just to make the process more onerous for the other party.
When you have a choice, it is cheaper to cooperate with informal and limited discovery. In cases where the other party is not cooperative or not trustworthy, more formal discovery may be a necessity. Some of the formal discovery demands you receive will be objectionable.