With Facebook up to 540 million users world-wide and counting, it is clear that it is not some kind of passing fad. It is not limited to younger generations. Its users span all ages, races, and socio-economic classes. Having a Facebook page is just about as common as having an email account. Because of the omnipresence of Facebook, it is pervading all elements of society – including Family Law.
If you have a Facebook page, and you are involved in family court litigation, be very cautious about what you put on your page. Assume that whatever information you share will be seen by the other side in the litigation. Topics like income, employment, and relationships with significant others can be issues in a family court case. It is also not uncommon for people to share this kind of information on their Facebook page, often times contradicting what they may have told the Court. When the other side presents the Court with information from your Facebook page which is contrary to other information you have provided to the Court, it can severely damage your credibility. In other words, do not tell the Court that you are unemployed and have no money, and then brag about all the money you just won at the casino. Believe it or not, things like this happen. My advice is to simply refrain from posting information on Facebook while your case is pending.
Don’t let anyone try to convince you that celebrity gossip watching is a waste of time. It’s not. Following the ups and downs of our Hollywood friends can be many things, but if you are involved in a family court case (or likely to be involved in one anytime soon), a waste of time it is not. You can learn a lot by watching the embarrassing, often public implosion of a star’s life. The never ending abyss that is the Mel Gibson and Oksana Grigorieve’s custody battle is a perfect example.
Earlier this week, celebrity gossip powerhouse TMZ reported that Mel Gibson’s attorneys had subpoenaed Oksana’s former bodyguard to testify at a deposition in the case. Exactly why Gibson’s former girlfriend needs a full-time bodyguard is beyond the scope of this post, but the bodyguard she did employ apparently accompanied her everywhere – including to private meetings with lawyer. According to news reports, Gibson’s legal team believes the bodyguard knows all of Oksana’s dirty secrets, including legal advice given to her by her attorneys. If true, he would be the ultimate inside source – akin to a talking fly on a wall.
More importantly, though, the bodyguard’s knowledge is discoverable by Gibson’s legal team. Why? Because there is no “bodyguard–protectee privilege” that exists in the law. Normally, any information shared with a lawyer would be protected from disclosure by the attorney-client privilege. As one of the most sacrosanct principles in American law, the privilege is intended to allow people to be brutally, sometimes painfully, honest with their lawyer without fearing that the information will be used against them.
But, the rule does have its limits. Foremost among them being situations where a third party is present at a meeting. In those instances, the privilege is lost. The third-party can be questioned, even subpoenaed. They can be forced to explain everything they heard or saw. It can lead to some fairly embarrassing moments. This is exactly what Gibson’s legal team hopes will happen in his case.
At our firm, we always suggest that family members or friends who accompany clients to meetings remain in the lobby. As emotionally difficult as the divorce process can seem, destroying the attorney-client privilege is almost always worse.
by Robert W. Gadtke
Robert W. Gadtke is a Minneapolis divorce attorney with the law firm of Gadtke & Beyer. His practice focuses on helping clients protect their children in custody cases and getting a fair financial settlement. His eBook, 10 Top Divorce Mistakes and How to Avoid Them, can be found on his website. He also maintains a blog devoted to divorce, child custody, and family law issues.
Just when you thought celebrity excess could go no further, the custody battle between Mel Gibson and Oksana Grigorieve reminds us that when it comes to celebrities, there really are no limits.
To some, Mel Gibson may not seem like the most sympathetic character. But, once you see the legal bill his ex-girlfriend, Oksana Grigorieva’s, attorney has requested that he pay, you might have a change of heart. According to reports on the celebrity gossip website TMZ, Oskana’s attorney has requested that Mel pay $163,000 for one month’s work. Yes, that’s right. No typo. $163,000 for ONE MONTH.
Reports covering the incident have her attorney billing at the rate of $600 per hour. If you do the math (there were thirty-one days in the month in question), it means that Oskana’s attorney was billing for 8.7 hours per day, every day, seven days per week, for an entire month. Yikes! And you thought your attorney was expensive.
Oksana has now ditched that lawyer – TMZ listed him as lawyer Number 41 – and apparently hired a new lawyer – TMZ lists this one as Number 42. Rest assured that no one at Gadtke & Beyer will be lawyer Number 43. Do I even need to say the words “Flat Fee Divorce?” Probably not.
by Robert W. Gadtke
Robert W. Gadtke is a Minneapolis divorce attorney with the law firm of Gadtke & Beyer. His practice focuses on helping clients protect their children in custody cases and getting a fair financial settlement. His eBook, 10 Top Divorce Mistakes and How to Avoid Them, can be found on his website. He also maintains a blog devoted to divorce, child custody, and family law issues.
Effective for All New Clients Beginning January 2011.
1. Premier Service Package: $1,000.00* This service package is designed for individuals who expect their divorce to be uncontested. It includes the following:
Unlimited contact with and assistance from paralegals trained in family law during your case;
2 – 45 minute strategy sessions/meetings with your attorney to discuss your case;
Drafting of all legal documents necessary to start your divorce (e.g., Summons, Petition, Confidential Information Form, Certificate of Representation and Parties, and Financial Affidavit for Child Support);
Drafting of an Asset Disposition Analysis showing the value of your assets and suggesting a fair property division;
Determining income for child support and spousal maintenance under Minnesota law;
Calculating child support pursuant to the Minnesota Child Support Guidelines; and
Drafting of the final paperwork necessary to resolve your case – Stipulated Findings of Fact, Conclusions of Law, Order for Judgment, and Judgment and Decree.
This package does not include representation of client in negotiations or in contested litigation. By selecting the Premier Service Package, client represents that client has or will reach a final agreement on all issues with their spouse independently.
2. Expanded Service Package: $Varies by Case. Call for Free Evaluation** This service package is designed for people who demand exceptional value for their money. It is intended for individuals do not have a complete agreement on the terms of their divorce and who anticipate that their divorce may be contested or that court hearings may be necessary. It includes the following:
Full-service legal representation covering all attorney work up to and including the Pretrial Conference. It does not include representation at trial or preparation for trial. Does this matter to you? Click here for more information (http://www.gadtke.com/fee-packages-and-trial)
Unlimited contact with and assistance from your attorney during your case;
Unlimited contact with and assistance from a family law paralegal during your case;
Unlimited drafting of any legal documents necessary to start your divorce (e.g., Summons, Petition, Confidential Information Form, Certificate of Representation and Parties, and Financial Affidavit for Child Support);
Unlimited representation at all divorce court hearings, mediations, settlement conferences, etc., during your case, up to and including the Pretrial Conference;
Unlimited use of discovery tools and third-party subpoenas necessary to verify your spouse’s assets or income;
Unlimited assistance in determining and resolving any child custody or parenting time issues;
Drafting of an Asset Disposition Analysis showing the value of your assets and suggesting a fair property division;
Determining income for child support and spousal maintenance under Minnesota law;
Calculating child support pursuant to the Minnesota Child Support Guidelines;
Drafting of the final paperwork necessary to resolve your case (i.e., Stipulated Findings of Fact, Conclusions of Law, Order for Judgment, and Judgment and Decree); and
A predictable, flat-fee cost option for continued representation at trial, if necessary.
3. Ultimate Service Package: $25,000.00**** This service package is designed for people who demand the absolute best in customer service and legal representation. It is intended for people do not have a complete agreement on the terms of their divorce and who anticipate that a trial will be necessary to resolve their case. It includes the following:
All of the services offered at the Expanded Service levels, plus:
Complete representation at Trial.
4. Hourly Billing Package: Hourly Billing. Price Varies. This service package is designed for people for whom cost is no object. The typical retainer fee is $2,500. Attorney fees are billed by the hour. Attorney fees can range from $1,000 to $60,000. Contact our office for more details.
CONDITIONS AND LIMITATIONS:
* The Basic Service Package is subject to the following limitations: (1) All calculations and analysis are performed using documents that you provide to us. This package does not include using any legal means (such as third-party subpoenas) to obtain additional information; (2) You are responsible for paying all costs for services performed by third-parties. Examples of typical costs includes things like court filing fees, process server fees, expert witness fees, appraisal fees, etc.; and (3) Does not include drafting of post-divorce documents, which are sometimes necessary to divide retirement assets. Limited offer based on attorney availability.
** The Expanded Service Package is subject to the following limitations: (1) You are responsible for paying all costs for services performed by third-parties. Examples of typical costs includes things like court filing fees, motion filing fees, process server fees, expert witness fees, court-reporter fees, appraisal fees, etc; and (2) Does not include drafting of post-divorce documents, which are sometimes necessary to divide retirement assets. Limited offer based on attorney availability.
*** The Ultimate Service Package is subject to the following limitations: (1) You are responsible for paying all costs for services performed by third-parties. Examples of typical costs includes things like process server fees, expert witness fees, court-reporter fees, appraisal fees, etc; and (2) Does not include drafting of post-divorce documents, which are sometimes necessary to divide retirement assets. Limited offer based on attorney availability.
While many of you were drugging through the barren week separating Christmas and New Year’s, the people in our firm were busily preparing to move offices. And much to my surprise, it seems to have actually happened. For a process that began with an aimless office search last summer, last week’s move seemed to be the perfect ending to an otherwise dreary process. After four days of moving boxes and some moving expenses, things have finally begun to take shape.
For our existing clients, you will certainly notice a change – smaller but better. For our new clients, you will probably never really know how much our small firm has grown over the last few years. It is, of course, only because of you (our loyal clients) that our firm has been able to grow (and move offices) in such a difficult economy. The trust that you have shown in our advice as we set-off together down the difficult road of a family law case is not lost on us. On behalf of everyone at our firm, I thank you for your business.
The next time you are in the neighborhood, please stop by to say “hello.” I would love to show you around. Good luck in the New Year!
by Robert W. Gadtke
Robert W. Gadtke is a Minneapolis divorce attorney. His practice focuses on helping clients protect their children and get a fair financial settlement. His ebook, 10 Top Divorce Mistakes and How to Avoid Them, can be found on his website. He also maintains a blog devoted to divorce and family law.
Minnesota family law considers a divorce case to be a public proceeding. This doesn’t mean, though, that the facts of your case will be covered in the newspaper or shown on television – although if you’re a celebrity there is a fair chance they will be. What it means is that the facts of your case are considered part of the public record. Your court hearings are open to the public and anyone who is interested in your file may go to the courthouse to read it. The Constitution mandates that courts conduct public justice. The only difference between your case and a celebrity divorce is that no one usually cares enough about a “normal” divorce to drive to the courthouse to read the file.
But, beyond this basic loss of privacy, there lurks a more serious problem: Allowing members of the public to access private, sensitive information that could be used to hurt someone or to commit a fraud. This includes things like social security numbers, credit card numbers, investment account information, or information about a minor child. The law recognizes that the need for public justice must be balanced against an individual’s right to remain free from harm. A person should not have to choose between getting divorced and become a fraud victim.
As a divorce attorney, the way I handle this situation is to be careful about how I file information with the Court. Minnesota family law allows attorneys to file certain information as “Confidential Information.” This ensures that only the judge and the lawyers in the case will have access to it. If the sensitive information cannot be easily contained or if the information involves a minor child, I may ask the Court to seal the file from public view.
For more information about Minnesota divorce cases or to talk to an attorney about divorce or family law, please check out our website at www.gadtke.com.
Robert W. Gadtke is a Minneapolis divorce attorney with the law firm of Gadtke & Beyer. His practice focuses on helping clients protect their children in custody cases and getting a fair financial settlement. His eBook, 10 Top Divorce Mistakes and How to Avoid Them, can be found on his website. He also maintains a blog devoted to divorce, child custody, and family law issues.
As a divorce attorney, I frequently see weird and disturbing things. The idea of commencing a divorce case against a terminally ill spouse certainly fits within both the weird and disturbing categories. Thankfully, I have yet to actually see that happen. But I have known it to happen the other way – a terminally ill spouse commencing a divorce against his or spouse.
What would cause a terminally ill person to start a divorce case? In most cases, probably the same reasons that motivate anyone to get divorced. People grow apart. They fall out of love. Or one partner may be struggling with drugs or alcohol. But, a dying spouse could also have a more pressing, time sensitive reason to get divorced – inheritance rights.
Under Minnesota law, a surviving spouse is typically entitled to receive all of the dying spouse’s property, absent a prenuptial agreement to the contrary. This is true even if the dying spouse were to intentionally write a will omitting their spouse from receiving any property. Minnesota law prevents married people from being disinherited. Sometimes, the only way to prevent a spouse from inheriting is to get divorced.
It is important to understand, though, that starting a divorce does not, in itself, stop a spouse’s right to receive property. In order to completely prevent a spouse from inheriting, the parties must be divorced before the terminally ill spouse dies. If the spouse dies before the divorce is complete, Minnesota family law requires that the divorce be dismissed and that the court treat the parties as if they were still married at the time of the death. This can have devastating consequences for the wishes of the terminally ill spouse.
If one party is sick, the way to handle the situation is to ask the court to divorce the parties first and to resolve all remaining property issues later. That way, if the party were to die before the property issues were resolved, a relative could step in to finish the case.
For more information about Minnesota divorce cases or to talk to an attorney about divorce or family law, please check out our website at www.gadtke.com.
Robert W. Gadtke is a Minneapolis divorce attorney with the law firm of Gadtke & Beyer. His practice focuses on helping clients protect their children in custody cases and getting a fair financial settlement. His eBook, 10 Top Divorce Mistakes and How to Avoid Them, can be found on his website. He also maintains a blog devoted to divorce, child custody, and family law issues.
Modifying Child Support When A Parent Has Moved To A Different State
Normally, a Minnesota family law court that has set child support in a case retains jurisdiction over the case in the future. Retaining jurisdiction allows the court to modify previous child support orders based on the changed circumstances or earnings of the parties. Once jurisdiction has been established in a particular court, other family law courts (especially those in other states) are prohibited from modifying the order. This is true even where one parent has moved to a different state.
Last week, the Minnesota Court of Appeals issued a decision clarifying exactly when a family law court loses jurisdiction over a child support case. The parties in the case were divorced in Minnesota in 1998. At the time of their divorce, the mother and the children were living in Minnesota. The father was in the military and stationed overseas. A few months after their divorce was finalized, the mother and the children moved to Kentucky. In January 2010, the mother filed a motion to modify the father’s child support in Minnesota. The family court refused to hear the motion stating that it lacked jurisdiction because neither the parties nor the children had lived in Minnesota for more than ten (10) years.
The Court of Appeals disagreed with the family court’s reasoning and reversed the outcome. It explained that under Minnesota law, family courts retain jurisdiction over cases even after both of the parties and the children have moved to a different state, unless everyone signs paperwork agreeing to transfer the case.
The lesson is that if a Minnesota family law court has jurisdiction over a child support case, the family law court will retain jurisdiction over the case unless everyone involved agrees to transfer it someplace else. If one party disagrees, the case will stay in Minnesota.
For more information about child support or to talk to an attorney about divorce or family law, please check out our website at www.gadtke.com.
Robert W. Gadtke is a Minneapolis divorce attorney with the law firm of Gadtke & Beyer. His practice focuses on helping clients protect their children in custody cases and getting a fair financial settlement. His eBook, 10 Top Divorce Mistakes and How to Avoid Them, can be found on his website. He also maintains a blog devoted to divorce, child custody, and family law issues.
Unfortunately, there is no convenient formula or chart for the court to use in determining the appropriate amount of spousal maintenance or alimony to be paid, if any. Instead, the court considers a number of factors set forth in the law to determine a fair result.
In this video blog, Divorce Attorney Rob Gadtke answers some basic questions about how spousal maintenance is handled in Minnesota divorce cases.
Initial Case Management Conferences (ICMC’s) are expanding to the First Judicial District, including Carver County. ICMC’s have been in place in Hennepin County for the past 7-8 years. Upon the filing of a divorce case, Court Adminstration schedules the ICMC, generally within a few weeks of the filing. At the ICMC, the parties and the attorneys meet with the Judge in an attempt to determine the contested issues, and to develop a strategy or “game plan” for addressing these issues. This often includes scheduling some form of mediation, and agreeing to dates by which discovery must be exchanged. The Court will not hear or decide any contested issues at the ICMC, but it will make a record of any agreements the parties have reached. Often times, the Court will schedule a telephone status conference to see what progress the parties have made towards settlement. The purpose of the ICMC is to get the Court involved early in the case, as opposed the end (trial), under more traditional litigation models. With early judicial involvement and early case management, the hope is that cases will reach settlement more easily.
