Categorized: Process

Mediation and Hiring a Lawyer: Not Mutually Exclusive

Posted on Wednesday, February 13th, 2019 by Marc Beyer and is filed under Early Neutral Evaluation, ENE, ICMC, Initial Case Management Conference, Lawyer, Mediation, Process.

Many people think that you have two basic options when you start a divorce: You can hire a mediator and try to settle your divorce amicably with your spouse in mediation, or you can hire lawyers and go to Court on a contested basis. In other words, people associate lawyers with contested litigation and assume… Read more »

Get it Right the First Time: Hire a Lawyer

Posted on Tuesday, May 29th, 2018 by Marc Beyer and is filed under Divorce, Lawyer, Life, Process.

For many people, saving money whenever possible is human nature. No one wants to spend more money on something than necessary. A penny saved is a penny earned, right? Take mowing the lawn, for example. I could pay a lawn mowing service to mow my lawn every week, or I can save money and do… Read more »

It’s Just Discovery

Posted on Tuesday, November 14th, 2017 by Marc Beyer and is filed under Discovery, Divorce, Process.

A very common and routine part of any court case – including divorces – is what we call discovery.  After the case is started, both sides have the opportunity to serve discovery requests on the other party.  In divorce cases, the requests can be either “formal” or “informal.”  In contrast to Interrogatories and Request for… Read more »

The Price of Freedom

Posted on Tuesday, November 7th, 2017 by Marc Beyer and is filed under Divorce, Process, Spousal Maintenance.

During the divorce negotiation process, it is easy to become entrenched in a certain position.  Say, for example, that your spouse is seeking spousal maintenance.  You make a greater income than your spouse, but you believe that your spouse nevertheless earns a sufficient income that they can and should be self-supporting.  It’s not a clear… Read more »

Tough Love

Posted on Tuesday, June 13th, 2017 by Marc Beyer and is filed under Divorce, Life, Process.

As the party to a divorce case, you see the world through a different lens than I do. Your perspective is necessarily clouded by emotion and the daily grind of living through the divorce process. I have a more detached perspective, and am better able to see your case for what it is. I am… Read more »

The 180 Day Rule and Jurisdiction

Posted on Tuesday, May 23rd, 2017 by Marc Beyer and is filed under Divorce, Minnesota, Process.

Almost every state has a requirement that you must live in that state for a certain amount of time before you can file for a divorce there. Minnesota is no different. In Minnesota, the law provides that one or both of the parties must have resided in the state for “not less than 180 days… Read more »

A Lesson In Attorney’s Fees

Posted on Tuesday, March 21st, 2017 by Marc Beyer and is filed under Cost, Lawyer, Life, Process.

As a lawyer, I don’t have any great products to sell you. My office is not like Best Buy or a car dealership. Other than a bunch of paper, you won’t walk away with something tangible to show for the amount of money you spent. Rather, I sell you my time. I went to law… Read more »

Honey or Vinegar?

Posted on Tuesday, February 14th, 2017 by Marc Beyer and is filed under Communication, Divorce, Process.

I often hear from my clients that they “just want this to be over.” And, who doesn’t? Divorce is not pleasant. Not too many people enjoy it. Yet, despite making such statements, these same people often behave in such a way that is not necessarily consistent with “just getting this over.” What do I mean… Read more »

Divorce and Personal Property

Posted on Tuesday, January 31st, 2017 by Marc Beyer and is filed under Divorce, Process, Property.

One thing that is accomplished by a divorce is a “just and equitable division” of the marital estate. Your marital estate can consist of real estate, a business, retirement accounts, bank accounts, vehicles, and any other assets of value. As I often explain to clients, to accomplish this division, we create a marital balance sheet… Read more »

Divorce: Your Life is an Open Book

Posted on Tuesday, January 10th, 2017 by Marc Beyer and is filed under Divorce, Life, Process.

One of the things that we do in a divorce case is fully disclose assets. Whether it is real property, a checking account, savings account, retirement account, stock, life insurance, or a car, both sides are to fully disclose their assets to each other. You don’t get to keep that information from your spouse. Not… Read more »