Uncontested Flat Fee Divorces

November 20th, 2008

If you and your spouse are in agreement as to the terms of your divorce and wish to have a friendly, easy, and uncontested divorce, consider hiring an attorney for a flat fee divorce.

I routinely offer uncontested flat fee divorces at a rate of $1,000 for couples without children and $1,200 for couples with children.  The fee includes the necessary court filing fee of $330-332 (depending on your county).  This fee includes all of the legal advice, document preparation, and representation necessary for your divorce (with the exception of Qualified Domestic Relations Orders), as long as your divorce continues to be uncontested.

The process of a flat fee divorce is fairly simple.  One spouse hires me as his/her attorney (remember, one attorney can not represent both parties).  My client completes my questionnaire providing me with the necessary facts of the case and the parties’ general agreement.  I will provide advice and guidance on how to best accomplish the parties’ goals.  I will then draft the necessary documents, and arrange to get signatures.  Sometimes my client and I meet with the other party to review and sign the documents, sometimes the other party will review the documents with another attorney.  Once we have signatures, all documents are sent to the court at the same time.   If a final court hearing is required (as the courts typically require for divorces with children), I will be there to handle the hearing and provide representation.  Once the divorce is final, I will provide guidance on the “wrap-up” work involved, such as handling name changes and transferring title to property.  If things become contested in your divorce, my retainer agreement allows for us to switch over to an hourly arrangement, but acknowledges that you have pre-paid for certain documents.

Contact me today to discuss your uncontested flat fee divorce.

International Divorces

November 19th, 2008

As news of Madonna and Guy Ritchie’s divorce hits newsstands and blogs everywhere, Chicago Tribune’s

As technology improves, mobility increases, and we enter an age of global community, more and more divorcing couples face international issues.  This is especially true in Europe, where divorce laws vary greatly between nations and as many as 20% of divorces are “international.”

Child Support in Minnesota, Part 3: Using the Calculator

November 16th, 2008

Now that you understand the Basic Concepts behind Minnesota’s Child Support law, know how to calculate income, and have gathered other necessary information, it is time to learn how to compute child support under Minnesota’s new child support laws.   Although the statute does explain how to calculate child support under the new income shares model, the online Child Support Calculator provided by the Minnesota Department of Human Services is a lot easier and more user-friendly (3 simple steps: 1) Go to the website, 2) Enter the data, 3) Click “Calculate”).

The calculator has 20 different lines for information.  Not every line is necessary, not every line will be applicable in all cases.  Almost all lines include a hyperlink definition box, so if you don’t understand what the calculator is looking for it is easy to figure out.  While there is still room for argument on what numbers should be used to calculate child support, or what child support should be, the calculator is a quick and easy way to determine the guideline child support amount.

Washington passes “Death with Dignity” Act

November 15th, 2008

Last week Washington became the second state to allow doctors to prescribe lethal doses of medication for terminally ill patients.  Voters approved an assisted suicide measure that would allow doctors to prescribe lethal doses of medication for terminally ill patient.  See the Seattle Times article here.

Will Parties

November 7th, 2008

Perhaps you have heard something about “Will Parties.”  This new trend is a take on the Tupperware Party and another way that our society is learning to take care of business in between work, soccer practice, and bed time.  With a Will Party, you and your friends can get together (with or without the kids), and bring an attorney to you to take care of your estate plan.  Most attorneys who offer Will Parties also offers a discount for those hosting and attending the party.  A Will Party is the perfect opportunity for you and your friends to have fun and save money while completing your estate plan.

My typical process for a Will Party is:

  1. A Host plans the party, reserves a date, and sends out invitations.

  2. Everyone fills out a Questionnaire and Retainer Agreement and returns them to me at least two weeks before the party.

  3. I will have a phone consultation (or in person if preferred) with each client to discuss their situation and confirm that my Basic Estate Plan is right for them.  I will then provide each client with a draft to review before the party.

  4. At the party I will provide general information to the group and then meet individually with each client to review the documents.  Attendees will then take turns acting as each other’s witnesses for the signing.

All attendees receive a discount based on the number of estate plans (single or couple) at the party: $50 discount for 3-5 plans, $75 for 6-8 plans, and $100 for 9 or more plans.  The Host receives an extra $50 discount. 

Contact me today to schedule your own Will Party!

Just another reason to hire an attorney for your estate plan…

November 5th, 2008

Many people wonder why they should hire an attorney, especially when there are various forms, books, websites, and software available designed to help you create your own estate plan, file your own divorce, or start your own business.  Attorneys provide more than the necessary forms.  The right attorney can provide you with peace of mind, a helping hand, legal advice, and the expertise needed to guide you through the legal process and craft individualized documents that protect you and meet your needs.

As described by  Troy Neff in this article published by the Toledo Free Press, one of the most common risks of being a DIY attorney is the unintentional consequences your work may create.  The client in Mr. Neff’s article created his own estate plan which put him at risk of:

  • Paying as much income tax as humanly possible.
  • Losing most or all of his assets if something were to happen to his girlfriend or kids.
  • Paying all kinds of penalties and gift taxes if the Internal Revenue Service looked at what he was doing.
  • Getting nailed big time if something unexpected were to happen.
  • Going broke if he ended up requiring any long-term care.
  • Having his estate value eroded every year by not being properly diversified and not having a real opportunity to beat inflation.

Don’t make the mistake of putting yourself or your family at risk of losing everything.  Seek the advice of an attorney before attempting any DIY legal documents.

Judicial Elections: How do you decide?

October 31st, 2008

Tuesday is Election Day.  Over the last few weeks we have been inundated with commercials, mailings, phone calls, and maybe even a personal visit or two telling us why we should (or should not) vote for this person for President, Congress, Senate, Mayor, City Council, etc.  But few people remember that when they go to vote on Tuesday, they will also have the opportunity to vote on a handful of Judges.

How do you find out information on these judicial elections?  Minnesota Lawyer has compiled an online judicial election guide, which includes a list of contested races and profiles for those running.  And if you are unsure of how to make your decision, check out the Star Tribune commentary provided by Charles Lundberg last week.  Mr. Lundberg suggests an easy process for deciding on appellate judges.  Consult with an appellate lawyer for his or her opinion on judges.  If you don’t know any appellate lawyers, vote for the incumbant unless you have a good reason not to.  This same process can be used for district court judges, just consult with a lawyer with experience in those districts.

Whatever you decide to do, just make sure you get out and vote on Tuesday.

Free Estate Planning Seminar

October 23rd, 2008

Do you worry about what will happen to your children if you are no longer around? Do you wonder about the medical care you will receive if you are not able to express your wishes? In these troubled times we all worry about protecting our families. Monticello Women of Today will be hosting a free seminar in honor of Estate Planning Awareness Week entitled Protecting Yourself; Protecting Your Family: Estate Planning 101 at 7 p.m., Tuesday, Oct 28 at the Monticello Middle School. Please use the Washington Street Entrance—Door 11).

Presented by Monticello Attorney Jennifer R. Lewis Kannegieter, the seminar will cover the basics of estate planning, including wills, trusts, powers of attorney, and health care directives/living wills. You will learn about the probate process and choosing a guardian for your children, and will also learn what happens if you do not have a will. Participants will complete their own health care directives to take home with them.

This is a free seminar, but preregistration is recommended to reserve space. E-mail monticellowomenoftoday@gmail.com or call Laurel at 612-282-8343 or Brenda at 763-226-7646 for reservations or more information.

Healthy Separation: 100 Tips and Resources to Get You Through a Divorce

October 15th, 2008

If you are going through a divorce, check out Christina Laun’s posting on The Love Coach, “Health Separation: 100 Tips and Resources to Get You Through a Divorce.”  This is a very comprehensive list, which includes 13 tips (my personal favorites are: “Accept that it’s over,” “Get to know the laws of your state,” and “Be reasonable.”), and several articles, blogs, online support groups and forums to help you get through the divorce, learn about the legal and financial aspects of divorce, help your children deal with divorce, and start a fresh life after divorce.  

How to Guarantee You’ll Have a Divorce from Hell

September 29th, 2008

While we all hear about those who want to have an “easy” divorce, some divorces just are not easy. 

#1.  Lie.  It’s critical that you and your attorney trust each other. So why not lie to them? That’s really a great strategy.

# 5 Don’t do anything.  If you really want to frustrate everyone, including your own lawyer, don’t do anything. Don’t call anyone back. Don’t respond to emails or letters or show up for meetings.

# 6  Don’t listen to your lawyer, get legal advice from your friends and family.  This is a personal favorite of mine. I know you hired an attorney to guide you thought this legal matter, but he or she couldn’t possibly know as much about the law as your aunt Dorothy who has been divorced 3 times.

These steps will definitely get your divorce off to a horrific start, guarantee complete emotional turmoil for yourself, your family, and your close friends and several thousands of dollars in earned legal fees for your attorney.