Tools Available to Gather Information in a Divorce
October 13, 2022 | Jason C. Brown
Family court cases tend not to settle for one of two reasons: (1) the parties are not emotionally ready to resolve matters; or (2) a lack of information. Sometimes, a divorce litigant will try to conceal assets or hide information from the other side. They rarely succeed at doing so, given the number of tools divorce attorneys have at their disposal to gather information. The process of gathering information in any court case is called “discovery.” There are special rules of court procedure that grant lawyers the ability to obtain discovery. We often start by sending a set of interrogatories to the opposing litigant. An “interrogatory” is a fancy word for “question.” Answers to our questions must be provided under oath, in writing. The most common interrogatories involve inquiry into a litigant’s income and work history, bank accounts, investment accounts, retirement accounts, credit cards, business records and monthly budget. In addition to serving interrogatories, we will submit a request for production of documents to the other side. They are obligated to produce, or make available for our inspection, various records, including tax returns, account statements, and paystubs. If the responding party fails to produce the requested information in a timely manner, we can file a motion to compel production of the requested information…
Read MoreAn Overview of Tax Concepts in Minnesota Divorce
October 13, 2022 | Jason C. Brown
Let’s be honest. Tax issues are dull. But if you are facing a divorce, they play a vital role in the outcome of your case. Our family law attorneys understand the implications of tax law in family court and have preserved substantial sums of money for our clients as a result. A good starting point in a discussion surrounding tax and divorce involves the filing status of the parties after dissolution of their marriage. Parents can yield a substantial benefit if they are able to claim, “head of household.” All that is required is having a child reside in your home for the majority of the year. If parents share equal parenting time with more than one child, we will draft the decree in a manner that gives each a head of household status. The timing of the entry of the divorce decree can impact tax refunds or liabilities. Quite often we purposefully wait until after the first day of the year (or hurry things along before the year ends) under the premise that filing “single” versus “married” can have significant tax ramifications. Because tax refunds or liabilities are typically treated as an asset or debt of the marriage, the parties have a common tax avoidance goal. Many wonder whether a non-custodial parent…
Read MoreFamily Court Hearings: Tips and Strategies
October 13, 2022 | Jason C. Brown
Courtrooms are not meant to be friendly or comfortable. They exist for one purpose: decision-making. How do you stand the best chance at making a good impression on the judge? Here are ten things to keep in mind: Dress the part. The court does not expect you to wear formal attire to the hearing. At the same time, t-shirts and blue jeans are probably best kept for another day. Business casual is just fine. Refer to the court as “your honor.” Over the years, I’ve observed litigants call the judge “madam,” “sir,” or “judge.” All are tactful, but the path of least resistance is to simply use “your honor.” That way, the court’s train of thought won’t be disrupted. Leave your phone in the car. Cell phones are quite disruptive in a quiet courtroom setting. Some judges confiscate ringing phones and charge the owner to get it back – even when they thought it was on silent mode. Don’t take a chance. Speak only when spoken to. The judge is trying to manage a courtroom full of people as efficiently as possible. Follow their lead. If you are asked a question, answer it. But don’t try to take control of the situation. Don’t argue. It may sound counterintuitive, but there is a time…
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