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HOW TO AVOID DIVORCE

Wednesday, February 15th, 2012

 

AVOIDING DIVORCE 

 

STRESS AND CHAOS AND MODERN LIFE ADD TO THE DIVORCE RATE

 

My personal take is as follows.  Your take will be different.  Anyway, in my view we are faced with: 

War in the Afghanistan.  Car bombs and suicide bombs in Iraq.  Massacres in Syria.  Civil war in Libya.  Continuing conflict in Egypt one year after the start of their revolution.  More personally, the threat of unemployment, bankruptcy, and foreclosure.  Social conflict in Greece.  Politicians who denigrate one another and seem clueless about everything the 99% is concerned about.  The 1% who so often avoid consequences of their actions (the bailout, the tax code, fees on consumer accounts).  The decline of taste, principles, tolerance and culture as evidenced in almost everything on TV, it seems. And in the schools. Growing rates of disabilities and handicaps especially among our children.

 

I’m not all gloom and doom by any means, but there is a lot going on in the world today and to say the least not everything is benign. 

Your take is of course different.  But, myself, looking back on 69 years of life (so far!) I am truly struck with the way society seems to be coming apart at the seams, along class lines but also on sectarian and political lines as well.  I’m the office manager of a small family law firm in MN.  So I see the effects of all this in our clients.  We want to help people, so we’re not in the business of pushing divorce, child support matters, alimony matters and child custody conflicts on people who come into our office.  Often we will recommend they not get a divorce at all.

 

HOW TO PREVENT DIVORCE

 

I’ll make this brief and to the point.  To avoid divorce, I’d recommend the following: 

 

Compromise.  Don’t make small things, or anything, a test of wills.  Look at the other partner’s point of view.  I remember one particularly unhappy couple  — who had at one time had an idyllic marriage – I can remember the husband who made everything a contest of wills.  If she wanted spaghetti and meatballs he would invariably want lasagna AND try to get her to want lasagna too.  Sounds a bit irrational, yes, but it came from – for whatever reason, and this has to be worked out in the marriage – making everything a power struggle or a question of ego.

 

 Of course sometimes you really do have a disagreement with your spouse.  So, pick your fights—or better prevent your conflicts from turning into fights.  The choice of where to live, how many children, if any, to have, etc. – these are certainly major issues.  So compromise is often the only positive solution.  And that can mean each partner giving up something they really value and want.  Not easy! 

 

So, communicate, talk an issue to death  — I know, sometimes people get sick of talk but I’d say, some is usually better than none; and talk that results in an acceptable compromise or agreement needs to be followed by action along those line.  Then talk becomes something real and not a smokescreen. 

In other words, face up to your own responsibilities and consequences of your words and actions. Make RATIONAL decisions. 

Then there’s fun!  Don’t forget fun! – special dinners, a movie, trip, or night on the town if you can afford it.  Time with – or without – the kids.  Hang out with the neighbors or your friends.  

And, finally – work.  But that’s another blog. 

I hope this helps. 

Thomas Moore

Office Manager

www.MooreFamilyLawMN.com

STATES SEEK TO REGULATE ALIMONY IN DIVORCE

Thursday, February 9th, 2012

STATES SEEKING TO CHANGE ALIMONY AWARDS

In Minnesota, I should say, the family law courts operate with no alimony guidelines, no alimony cap and are very conservative in awarding alimony. However, some states are seeking to regulate and even cap the amount of alimony (also known as spousal support) awarded in a divorce.

This is the topic of the article Alimony Arithmetic by L.J. Jackson  in the February 2012 issue of ABA Journal    It makes for interesting reading.

 Thomas Moore

Office Manager

www.MooreFamilyLawMN.com

Courts Ramp Up Security in Minnesota

Monday, February 6th, 2012

MINNEAPOLIS AND ST. PAUL, MN:

Courts Ramp Up Security

MY PERSONAL TAKE ON SAFETY IN THE COURTS

I’m the office manager for my wife’s family law firm in Minnesota.  She – we – are concerned about the following possible scenarios: The attorney and her client are collateral damage from an act of violence performed by someone who has no relationship to us.

The attorney and her client can be at risk from the other side in a marriage / divorce case. There are cases in which one side or another
has, or should have, an order for protection against the other party, prohibiting contact between the parties. This is not always done and is not always effective or practical.

The attorney herself can be at risk from those who would seek her out to represent them.  We carefully evaluate our clients so that if we really can’t help them, don’t feel safe with them, we respectfully decline to do so.

COURTROOM SHOOTING IN COOK COUNTY, MN

Here’s another view, drawn from Twin Cities Courtrooms Ramp Up Security  published in the St. Paul, MN Pioneer Press www.twincities.com recently.  The article is by  Maricella Miranda, mmiranda@pioneerpress.com

Recently in a Cook County, MN court, a man found guilty of criminal sexual conduct, shot a prosecutor and the judge who sentenced
him.  Now courts in the Minneapolis – St. Paul, MN area are acting to increase courthouse security.

MN COURTS MOVE TO IMPROVE COURTROOM SECURITY

As St. Paul-based security consultant Steve Swensen says, “People go to courthouses expecting to address their concerns. They actually have a right to be safe and secure… “  Mr. Swensen points out that safety can be improved not only by metal detectors, etc., but also by having courthouse workers trained to spot and act on security threats.

Various Minnesota court systems are studying and acting on ways to improve courthouse security. A committee of the Minnesota State
Legislature approved two bills intended to keep government attorneys safe. One would allow county attorneys to carry firearms on the job, outside of courthouses, and another would increase penalties for people convicted of killing or assaulting a prosecuting attorney.

Thomas Moore

Office Manager

www.moorefamilylawmn.com

 

 

THE EMOTIONAL VS THE FINANCIAL SIDE OF DIVORCE

Friday, January 27th, 2012

 

THE EMOTIONAL VS THE FINANCIAL SIDE OF DIVORCE 

Good article by Deborah Moskovitch in the Huffington Post on the inner conflicts you can go through in a divorce.  Here’s the link:

http://www.huffingtonpost.com/deborah-moskovitch/the-finances-of-divorce_b_1214050.html

 

Tom Moore

Office Manager 

www.moorefamilylawMN.com

MINESOTA CHILD SUPPORT GUIDLINES CALCULATOR

Thursday, January 26th, 2012

 

MINESOTA CHILD SUPPORT CALCULATOR

 

DIVORCE AND CHILD SUPPORT IN MN

This will be of interest to you if you are involved in a divorce or a child support matter in Minnesota. 

The State of Minnesota has an online child support calculator:   It is also known as the Minnesota Child Support Guidelines  Calculator.   It is easy to use and gives a standardized approximate answer to the question, “what will I pay in child support?”  Remember, this web site gives you an estimate only.  The child support calculator states, “This calculator is for informational and educational use only and is not a substitute for the child support guidelines.  The court has the final authority to determine the amount of a child support order. The calculator provides an estimate only and is not a guarantee of the amount of child support the court will order.”

We hope you find this useful. 

Tom Moore

Office Manager

www.moorefamilylawmn.com

Divorce Laws and Special Needs Children

Monday, January 23rd, 2012

DIVORCE LAWS AND SPECIAL NEEDS CHILDREN

 

 TO PARENTS CONSIDERING DIVORCE; AND WITH SPECIAL NEEDS CHILDREN

Our family law firm is finding an increasing number of special needs children involved in divorce, custody, alimony, and child support litigation in our practice.  We welcome them with open arms.  

These developments in family law pose questions for family law courts and for family law attorneys.  For instance, what if one party in the divorce does not believe the child to be handicapped and another party does?  What if the attorney you choose has no experience and no informed opinions about your special needs child?  What if the special needs child was convicted of a petty misdemeanor?  These may seem petty questions indeed at first blush, but the situations from which they arise; and the consequences, can be serious indeed.  

YOUR FAMILY LAW LAWER AND YOUR SPECIAL NEEDS CHILD

If you child is special needs, you want your attorney to be sensitive to the extra stress he might feel from the divorce – something he may not be capable of understanding intellectually but which he may be very expressive emotionally.   You do not want an attorney who downplays the skills to deal with your child:  an attorney for example who may see no difference at all between your child and others; or a lawyer who thinks that for a successful case; some friendly chat with a colleague or neighbor has a special needs child will suffice for training.  No.  You want the  family lawyer you choose to understand, know about, and have strategies for  dealing with what you have to deal with.  For instance, suitable friends and schools, Special Olympics, assisted living, hospitalization, what the special needs child’s rights are under IDEA and other laws relating to the rights of handicapped persons. Possible or actual encounters with law enforcement no matter how minor. And, of course, the endless round of medications, their effects, their side effects, their dosages, what it’s like dealing with the doctor who administers them; the fact their effect changes due to stress, growing up and just plain body chemistry.  I’d say, deeply before you invest in a family law attorney and even deeper before you choose, if you have a special needs child.

  Thomas G. Moore

www.moorefamilylawmn.com

Divorce and Moving Children from Minnesota

Monday, January 16th, 2012

 

DIVORCE AND MOVING CHILDREN FROM MINNESOTA

 We are finding an increasing number of clients come to us with questions about moving their children.

 FAMILY LAW IN MINNESOTA

Minnesotalaw requires you to obtain permission of the Court before moving out of State with your children if there is an existing child custody order.  This permission is granted when a parent can prove that a move will be in the best interests of the children. Increasingly, our clients have found it difficult to obtain this permission—especially when the other parent has been involved in the children’s lives. 

That does not mean that it is impossible to obtain this permission.  The difference between a successful request to move is often in the amount of preparation you do.  You should have a job and a home.  You should know where your children will go to school.   If you have family in the new area, you should be prepared to explain why it is important for your children to develop a relationship with this family.   You should be able to explain the problems of remaining inMinnesota, and the effect that staying here will have on your children.   Finally, you should have a plan that allows your children to maintain a good relationship with their other parent.  

FAMILY LAW LITIGATION IN MN

Litigation is the last resort in most of these cases.  Your first order of business will be to attempt to convince the other parent that the children need to move with you.   You may have a mediation clause in your present custody order which mandates an attempt to mediate, but even if you don’t have a mediation clause, you may very well want to try that before looking to the Courts.  In almost every case, mediation of an issue like this, if it results in a settlement, will be less expensive than litigation.  Studies show that people who resolve disputes through mediation are happier with the result, even if they could have gotten a better result through litigation.  And our experience shows that Courts have some reluctance to permitting a move, even where a parent can show benefit to the children.  

If you are on the receiving end of a request to move your children, you will need to explain why it’s not in the best interests of your children to move.  You will want to focus on their life inMinnesotaand what your children will lose out on if they move.  You will be slightly favored in Court, since the other parent will have the burden of proof of showing why it’s in your children’s best interests to move, but that doesn’t mean that you should simply assume that there is no case.  Consider what might happen if, for example, your children’s other parent can’t find work inMinnesota.  Perhaps your children would be better served if their other parent had better support from family in the new location.  Finally, consider that your children’s other parent may simply not have a choice whether to stay in Minnesota or move, and your children may be moving from their home no matter what (even if it is into your home).  

But what if the other parent moves the children without my permission? 

In this event, you have remedies, most of the time. Minnesotacustody orders are enforced in every other state pursuant to the Uniform Child Custody and Jurisdiction Act.   Under that Act, you can obtain an Order which gives you the ability to ask law enforcement to assist you in securing your children’s return.   There may be additional criminal consequences for removing the children, especially if you are not told where you can find your children.  

MOVING CHILDREN TO A FOREIGN COUNTRY DURING A DIVORCE

If the children are removed from the country, you may have rights pursuant to the Hague Convention, an international agreement that permits you to enforce aUnited Statescustody order in another country.  Unfortunately, not every country is a signatory to the Hague Convention.  In those countries, you will be required to seek redress through the foreign country’s courts, and many times, those courts are unwilling to assistU.S.citizens. 

For those cases where a parent may want to remove a child to a non-Hague Convention nation, it is necessary to prevent the travel before it occurs.   One way is to limit the ability of a parent to travel with the children within the terms of a custody order or divorce decree.   Another is to keep your children’s passport with you, or to withhold your permission for the other parent to obtain a passport for your children.  Finally, you may enroll in the State Department’s Children’s Passport Issuance Alert Program (http://travel.state.gov/abduction/prevention/passportissuance/passportissuance_554.html), a program which will alert you if anyone applies for a passport on behalf of your children. 

Jennifer Moore

www.MooreFamilyLawMN.com

COURTHOUSE SECURITY – A FAMILY ATTORNEY’S VIEW

Tuesday, January 10th, 2012

Courthouse Security

I was saddened to learn about the courthouse shooting in Cook County, Minnesota in December.  After a sentencing hearing, a convicted defendant went out to his car and brought a gun into the courthouse, where he shot a witness and the attorney who prosecuted his case.  There were no metal detectors at the courthouse.  In fact, the vast majority of rural courthouses and a few urban courthouses have no security either.
 
A few years ago, I was clerking for a judge in downtown Minneapolis when a party in housing court shot a deputy, a party and an attorney after a contentious hearing.  Shortly after, the court where I worked implemented weapons screening as well as other security measures.   However, the same judicial district opted against implementing weapons screening at its suburban locations.  Now, according to the Star Tribune, Judge Lloyd Zimmerman has decided that he will not hear cases at the suburban locations until weapons screening is implemented.   Court administration responded that implementing weapons screening at these courthouses is simply too expensive right now.  
 
While I am no fan of implementing measures that make citizens feel like they are living in a police state, there can be no doubt that weapons screening in courthouses has become vital to the safe and effective administration of justice.  I might have felt differently a few years ago.  Back then, I didn’t know anyone who had been attacked by a family court litigant.  I do now.
I had never seen a fight break out in the courthouse.  I have seen fights on many occasions in recent years.  Most recently, two women had to be pulled apart by security after a custody hearing ended badly for one of the combatants.   I wasn’t the only bystander.  My clients were no doubt worried about whether it was safe to tell the Court what was on their minds.
Our courts rely on public participation to work.  Parties to disputes must feel safe enough to bring cases before the courts, rather than rely upon self-help measures and vigilante justice.  Witnesses must feel safe enough to be sworn and tell the truth.  Jurors must feel safe enough to enter the premises and make decisions based upon the law and the facts.  Attorneys, judges and staff must feel safe enough to do their best work.
 
For these reasons, I support weapons screening in all courthouses.  
 
Courthouse Security Tips:
1)  Many courthouses do not permit knives.  Leave your pocket knife key chain in your car.
2)  Some courthouses do not permit cameras.  Leave them  at home.
3)  You may be asked to remove your shoes and/or your belt.  You may be asked to remove your coat or suit jacket.  Ask before you go through the metal detector whether you should remove them.
4)  Make sure you empty your pockets of change.  Make use of the buckets.  
5)  The people operating the metal detectors are not the TSA.  They don’t care about your liquids.  You can bring in your cupcakes, although you probably shouldn’t eat them in front of the Judge.  And, they are not going to check your ID.  If they ask to see your papers, it’s to direct you where to go.   
6)  Be security conscious as you leave the courthouse.  Many courthouse incidents occur in the parking lot outside.   If your case is particularly difficult, you may want to ask courthouse staff to escort you outside or to hold the other party inside the building while you leave.

Jennifer Moore

www.moorefamilylawMN.com

 

You Have The Right To Remain Siilent…

Thursday, January 5th, 2012

You Have the Right to Remain Silent….

Let’s say you get a call from the police asking you to come down to the station to answer a few questions.  The officer on the phone politely tells you that you’ve been accused of some conduct.  He suggests that answering a few questions might clear the whole thing up.  What do you do?

1)  Get off the phone quickly and politely.  
2)  Call a criminal attorney who will tell you not to answer any questions.
3)  Do not respond to any further communications from the police.
 
At this point, the police will either need to build a case against you without your help, or they will have to let the matter drop.  If they find enough evidence to file a charge against you, you may be arrested and/or charged with a crime.  If they do not, the matter will go no further.
 
Under no circumstances do you want to help the police.  Why?  Because the job of the police in this instance is to build a case against you.  Watch The Closer.  See how often Brenda Lee Johnson gets a confession?  See how subtle her tricks are?  Even if you are completely innocent, you could give an answer that corroborates the other side’s story or that makes you look guilty in some way.  
 
On Law and Order, we see the suspect and his attorney sitting across from the police officers, and the suspect answers questions until the police officer asks one that the attorney thinks might be prejudicial.  In reality, it doesn’t work that way.  Your attorney will always tell you to invoke your right to remain silent.  
 
So, what if the police officer comes to pick you up for questioning?   
1)  Ask if you are free to go.
2)  If the answer is yes, go.
3)  If the answer is no, call your attorney and remain silent.
 
At this point, if the police have enough to pick you up for custodial interrogation, there may be enough evidence to charge you.
 
You might be arrested and charged with a crime.   That’s why it’s so important to have an attorney at this point.  If you do not have enough money to hire a private attorney, the Court will appoint one.  The Court appointed attorney will give you the same advice as a private attorney:  Remain silent.
 
At some point, there may be some advantage to answering questions.  For example, you may be offered some kind of plea bargain or some other favorable disposition in exchange for testimony.  Your lawyer will advise you to speak at the appropriate time if this is the case. 
 
In the meantime, please remain silent except to call your attorney.
   
p.s.  Do not talk to your friends, coworkers or family about the matter either.  What you tell them can also be used against you in a court of law.

THE HOLIDAYS AND FAMILY LAW

Thursday, January 5th, 2012

THE HOLIDAYS AND FAMILY LAW

 

THERE IS A SEASON – EVEN FOR FAMILY LAWYERS AND DIVORCE

It’s January 5, 2012 in Minnesota.  The ground is bare,  it’s dry and warm forMinnesota.  We’ve done all the work we can today for clients.  Good!  We even got a little snow.  There’s some time to reflect and relax.  We’ll be spending a pleasant New Year’s weekend with a friend or two and with my family.  It’s time to reflect on the facts that we’re all human after all, and we deserve to be treated with respect.  We have had a larger than usual number of what we call Initiial Client Interviews – someone coming in to consult with our lawyer (we are a one-attorney firm); someone taking that first legal step in a possible divorce, child custody, alimony, or child support case – maybe with an OFP (Order for protection) thrown in.   Sometimes it would be easy to give up in the face of what are sometimes increasing levels of acrimony discord and unhappiness.

 At our family law firm what we do instead is work to really solve the real problems our clients and potential clients are facing regarding their divorce.  And – frankly – to earn our fees so that we are able to do the good work we do and to improve on that too.

 What we also do regarding work, especially at holidays is to be thankful our family law attorney – my boss – can do good work.  Besides that I find myself looking forward with confidence that we can weather the storms – material, natural, physical, social, and emotional.  We manage to do it every day and when we can, we help ameliorate these storms for ourselves and our clients.

 THE GOOD THINGS ABOUT ATTORNEYS AND COURTS AND HOLIDAYS

Litigation and dealing with a lawyer is always difficult on some level.   The holidays give us all a chance to reflect on where we’ve been, our friends and associates and family, and on where we’re going.  The holidays are not only turkey and parties and trips and all the negative things that can happen too.  For me at least — and not only me! – holidays are also a time to look ahead, to draw a line under the past, to know we can’t shuck our past as if we were tossing a backpack in a corner.  It’s always with us, but you know, out of all the turmoil and out of all they joy and out of all the work, we learn, we grow, and we move on.

 Happy New Year!

 Tom Moore

www.moorefamilylawmn.com