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1 month ago | 
openlegalblogarchive.org | Jason C. Brown
When parents in Minnesota face disputes over custody, parenting time, or co-parenting challenges, the legal process can be expensive, slow, and frustrating. Traditional litigation is not always the best path for resolving family disputes, especially when children are involved. Fortunately, Minnesota parents have an alternative: hiring a Parenting Consultant (PC). A Parenting Consultant is a neutral third party who helps resolve disputes between co-parents efficiently and effectively.
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1 month ago | 
openlegalblogarchive.org | Jason C. Brown
Dividing marital assets is a key component of any Minnesota divorce proceeding, and an essential part of that process is determining the valuation date. The valuation date plays a critical role in setting the value of marital property and can significantly impact the financial outcome of a divorce. While Minnesota law provides a general rule for setting this date, courts have discretion to select a different date when fairness requires it.
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1 month ago | 
openlegalblogarchive.org | Jason C. Brown
Divorce can be a contentious and costly process, especially when one party engages in behavior that unnecessarily increases litigation expenses. In Minnesota, courts have the authority to award attorney’s fees based on a party’s conduct during the proceedings. These conduct-based fee awards are governed by Minnesota Statute 518.14, which allows a judge to order one spouse to pay the other’s legal fees when their behavior contributes to excessive and unnecessary litigation costs.
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1 month ago | 
openlegalblogarchive.org | Jason C. Brown
Divorce proceedings often involve financial considerations, including spousal maintenance and child support. In cases where one spouse is unemployed or underemployed, Minnesota courts may consider a vocational evaluation to assess their earning capacity. This raises the question: Can a Minnesota divorce court require a party to participate in a vocational evaluation?
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2 months ago | 
openlegalblogarchive.org | Jason C. Brown
If you’re considering divorce and live in Hennepin County, you might be wondering whether you need to hire a lawyer located in your county. The simple answer is no—your divorce lawyer does not have to be based in the county where your case is filed. In fact, hiring an attorney from a neighboring county, such as Anoka County, can be a practical and cost-effective choice.
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2 months ago | 
openlegalblogarchive.org | Jason C. Brown
Child custody matters are often emotionally charged and legally complex, especially when someone other than a biological parent seeks custody. In Minnesota third-party custody refers to situations where a non-parent—such as a grandparent, relative, or close family friend—seeks legal custody of a child. If you are considering pursuing third-party custody in Minnesota, it is essential to understand the legal requirements, challenges, and practical considerations involved.
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2 months ago | 
openlegalblogarchive.org | Jason C. Brown
Minnesota family courts are seeing an increasing trend in the use of Brief Focused Assessments (BFA) to assist in custody and parenting time disputes. As families navigate complex custody issues, courts and attorneys are seeking alternatives to traditional custody evaluations that are more efficient, cost-effective, and tailored to specific concerns.
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2 months ago | 
openlegalblogarchive.org | Jason C. Brown
When filing for divorce in Minnesota, one of the most critical legal questions is whether the courts have jurisdiction over your case. Jurisdiction determines a court’s power to hear and decide a case. Without proper jurisdiction, any orders issued—including those related to property division, spousal maintenance, child custody, and child support—may be invalid. Jurisdiction in divorce cases involves two primary legal concepts: subject-matter jurisdiction and personal jurisdiction.
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2 months ago | 
openlegalblogarchive.org | Jason C. Brown
When couples in Minnesota consider the financial and legal implications of marriage, they often come across two important legal tools: prenuptial agreements (prenups) and postnuptial agreements (postnups). While both serve to clarify financial rights and responsibilities, they differ in key ways regarding timing, enforceability, and legal requirements. Understanding these differences is crucial for couples looking to protect their assets and ensure financial clarity in their marriage.
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2 months ago | 
openlegalblogarchive.org | Jason C. Brown
Divorce is an emotional and often complicated process. If you have been served with a divorce summons in Minnesota, it is essential to understand your legal responsibilities and limitations from the moment you receive it. Under Minnesota Statute Section 518.091, certain temporary restraining provisions automatically take effect upon service of the summons. Violating these provisions can lead to serious legal consequences, including court-imposed sanctions.
