Editors: Scott M. Rodman & Kendal O’Keefe
The Minnesota Divorce Practice Deskbook with eFormbook is a comprehensive two-part compilation of the statutes, cases, forms, letters, and practical advice you need to handle a divorce in Minnesota.
Reorganized for the second edition, this Deskbook is intended to provide a nuts-and-bolts approach to the practice of divorce and family law. Providing in-depth chapters governing every procedural aspect of family law to guide a lawyer from start to finish, as well as chapters devoted to helping establish a family law practice, with a focus on the commencement of the attorney-client relationship all the way to the post-decree tasks necessary to wrap up the case. It also provides a summary of the various substantive areas of family law, including but not limited to custody, parenting time, child support, spousal maintenance, and property division, along with an emphasis on ethical issues a family law attorney may face in their practice. The second edition also adds a new chapter on working with counties on child support cases.
The eFormbook features 68 essential forms, letters, and worksheets, including client intake forms, summons and petition, judgment and decree, and more. For additional convenience, forms and letters are available in Microsoft Word and Excel.
As a practicable, applicable guide for all Minnesota practitioners, this Deskbook and eFormbook will prove to be a valuable resource in your library! Order your copy today!
2023 UPDATE
The 2023 Update includes updates to 23 of 25 chapters and brings your Minnesota Divorce Practice Deskbook fully up to date, including the latest case law and statutory changes, and a fully updated Table of Authorities. Every chapter and eForm has been thoroughly reviewed to ensure its accuracy. Order your copy today!
BUNDLE AND SAVE!
Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.
CHAPTER 1
Overview of the Divorce Process
Introduction; Overview of Chapters; Key Resources for the Family Law Practitioner
– Scott Rodman
CHAPTER 2
Prescreening and Retainer Agreements/Initial Consultation and Information Gathering
Prescreening; Initial Consultation; Retainer Agreement; Closing the Initial Consultation; Follow Up to Initial Consultation
– R. Leigh Frost
CHAPTER 3
Domestic Violence Screening
Screening Protocol for Attorneys; Suggested Screening Questions; Risk Assessment Questions
– Rana Alexander
CHAPTER 4
Antenuptial and Postnuptial Agreements
Introduction; Statutory Requirements for Procedural Fairness; Substantive Fairness; Special Considerations for Spousal Maintenance in Antenuptial and Postnuptial Agreements; Reasons for Entering Into an Antenuptial or Postnuptial Agreement; Conclusion
– Scott M. Rodman
CHAPTER 5
Commencing the Dissolution Proceeding
Introduction; Commencing a Dissolution Proceeding; Commencing Custody Proceedings for Never-Married Parents; Commencing Other Types of Family Court Proceedings
– Lymari Santana
CHAPTER 6
ADR Options in Minnesota
Introduction; ADR Options; Post-Decree ADR; Comment on the Impact of the COVID-19 Pandemic on Family Law ADR in Minnesota and the Use of Remote ADR Platforms
– Christopher L. Vatsaas
CHAPTER 7
Early Case Management and Differences Among Counties/Districts
Introduction; Gather Information Prior to the Appearance; Approach the Appearance With an Open Mind; Conclusion; Appendix A – Early Case Management County Survey Directory
– Jack DeWalt & Melissa Chawla
CHAPTER 8
The Discovery Process
What Is Discovery?; Formal Versus Informal Discovery; Interrogatories; Depositions; Document Production Requests; Requests for Admission; Medical Records/Physical and Mental Examinations; Proper Discovery Objections; Alternatives to Formal Discovery; Miscellaneous Discovery Forms
– David Gapen
CHAPTER 9
Working With Experts
Introduction; Neutral Versus Expert; Role of the Neutral; Communication With Financial Neutrals and Developing a Plan; Types of Experts Used in Family Law
– Zak Kretchmer
CHAPTER 10
Establishing Parentage
Introduction; The Establishment of Parentage
– Ref. Victoria Elsmore
CHAPTER 11
Child Custody, Child Development, and Parenting Time
Introduction to General Issues of Custody and Parenting-Time Law; Information Gathering; Methods to Negotiate or Aid in Negotiation; Temporary Hearings
– Kendal O’Keefe & Kristin Woulfe
CHAPTER 12
Interstate and International Custody
Introduction; Interstate Child Custody and Parenting Time Jurisdiction; Interstate Enforcement Mechanisms; International Child Custody and Enforcement
– Valerie D. Arnold
CHAPTER 13
Determining Child Support
Introduction to the Basics of Child Support; Determining Income for Child Support; Deductions from Income for Nonjoint Children; Medical/Dental Support; Unreimbursed Medical and Dental Expenses; Child Care; Parenting-Time Expense Adjustment; Deviation Factors; Child Support Modifications; Appendix A – Child Support Guidelines Worksheet
– Jim Vedder & April T. Will
CHAPTER 14
Working with Counties on Child Support Cases
Introduction to IV-D Child Support; County Involvement in Family Court Matters; Common Mistakes Counties See and How to Avoid Them; Appendix A – When Does Receipt of Public Assistance Make a IV-D Case; Appendix B – Child Support Services (IV-D) Checklist; Appendix C – IV-D Enforcement Tools; Appendix D – Working With Counties: What to Include and What Not to Include in Child Support Orders
– Shanika Sharee Alston & Heather Roy
CHAPTER 15
Introduction to Spousal Maintenance
Introduction; Is Spousal Maintenance Even an Issue In this Case?; This Is a Spousal Maintenance Case, What Now?; Special Considerations; Modification; Modification at Retirement; Modification Due to Cohabitation
– Sonja M. Nyberg
CHAPTER 16
Property Division
Introduction to General Issues of Property Law; Information Gathering; Settling a Property Case; Litigation and Trial Considerations; Practice Tips; Conclusion
– Jack DeWalt
CHAPTER 17
Attorney’s Fees
Attorney’s Fees; Appellate Attorney’s Fees
– Jason Kohlmeyer
CHAPTER 18
Defaults
Introduction; Circumstances Under Which Default Can Occur; Process for Obtaining Default Relief
– Melissa Chawla
CHAPTER 19
Temporary Proceedings, Pretrials, and Motion Practice
Motions in General; Specific Motions; Pretrial Hearings
– Ref. Elizabeth Clysdale
CHAPTER 20
Trial Practice
Introduction; Where Does Trial Practice Begin; Timing of Trial; Moving to Trial – Things to Think About; Trial Preparation; Putting the Case Together; Presenting the Case and Making the Record; Considerations During the Trial; Post-Trial Submissions; Post-COVID Impact on Trial Work; Conclusion
– Samantha J. Gemberling
CHAPTER 21
Enforcement and Contempt
Introduction and Terminology; Support Enforcement and Security Upon Death; Remedies for Violations of Custody and Parenting-Time Terms; Contempt; Property Settlement Enforcement
– Laurie A. Mack-Wagner
CHAPTER 22
Appellate Practice
Appeals in General; Appellate Review
– Ref. Elizabeth A. Clysdale & Victoria Brenner
CHAPTER 23
Stipulations and Agreements in Family Law Cases
Why Enter Into a Stipulation in a Family Law Case?; What Can Parties Stipulate or Agree About?; How Do Stipulations and Agreements Get Finalized?; How to Enforce a Stipulation?; Conclusion
– Samantha J. Gemberling
CHAPTER 24
Closing Out a Divorce File
Introduction; What Is Closing Work?; Clear Communication; Process and Procedures Prevent Tasks From Slipping Through the Cracks; Specific Concerns; Appendix A – Checklist of Post-Divorce Tasks
–Thomas Tuft & Letty Van Ert
CHAPTER 25
Special Circumstances in Family Law
Introduction; Medical Assistance Planning and Elder Law Considerations; Bankruptcy in the Context of Divorce; Military Family Law Considerations
– Jason C. Brown, Rachel L. Farhi, Abigail McGibbon & Ref. Jenna Westby
Table of Authorities
Subject Index
eFormbook
Forms Authors:
Anne R. Haaland, Kari N. Kanne, James R. Todd, Katie Kelley, Joshua N. Brekken & Lindsey E. O’Connell
CHAPTER 1
Overview of the Family Law Process
(no forms at this time)
CHAPTER 2
Representation and Retainer Agreements / Initial Consult and Information Gathering
CHAPTER 3
Domestic Violence Screening
(no forms at this time)
CHAPTER 4
Antenuptial and Postnuptial Agreements
CHAPTER 5
Commencing the Dissolution/Custody Proceeding
CHAPTER 6
ADR Options in Minnesota
CHAPTER 7
Early Case Management and Differences among Counties/Districts
(no forms at this time)
CHAPTER 8
The Discovery Process
CHAPTER 9
Working With Experts
CHAPTER 10
Establishing Parentage
CHAPTER 11
Child Custody, Child Development and Parenting Time
(no forms at this time)
CHAPTER 12
Interstate and International Custody
(no forms at this time)
CHAPTER 13
Determining Child Support and Enforcement
(no forms at this time)
CHAPTER 14
Working with Counties on Child Support Cases
(no forms at this time)
CHAPTER 15
Spousal Maintenance
CHAPTER 16
Property Division
CHAPTER 17
Attorneys’ Fees
CHAPTER 18
Defaults
CHAPTER 19
Temporary Proceedings, Pretrials, and Motion Practice
CHAPTER 20
Trial Practice
CHAPTER 21
Enforcement and Contempt
(no forms at this time)
CHAPTER 22
Appellate Practice
(no forms at this time)
CHAPTER 23
Stipulations and Agreements in Family Law Cases
CHAPTER 24
Closing Out a Divorce File
CHAPTER 25
Special Circumstances in Family Law
(no forms at this time)
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Q.
Do all Deskbooks have a companion eFormbook?
No, but as Deskbooks are updated, eFormbooks, if applicable, are included.
Q.
Once I’ve purchased a Deskbook that includes an eFormbook, how do I access it?
Access the eFormbook through your account on the Minnesota CLE website under My Account > eResources & Publications
Q.
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Yes, you will always have access to the eFormbook as long as your Deskbook subscription is up-to-date.
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Yes, and we recommend that you download all of the forms in your eFormbook so you can use them without Internet access.
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