MN DIVORCE PRACTICE DESKBOOK WITH EFORMBOOK - LINKEDLAW
LinkedLaw eDeskbook
ITEM #:  60091800   |   PUBLISHED:  NOVEMBER 8, 2019
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$125.00
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Hard copy deskbook including the 2019 update to be released by the end of November. LinkedLaw deskbook access available immediately, with update seamlessly incorporated when released.

Minnesota Divorce Practice Deskbook with eFormbook, 1st Edition

Edited by Scott M. Rodman, Kendal K. O’Keefe & Joani C. Moberg

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.

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 eFormbook features 65 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!

2019 UPDATE
The Minnesota Divorce Practice Deskbook has been fully updated and revised in 2019. All chapters have been carefully reviewed and updated to reflect any applicable changes to the Minnesota Rules of Civil Procedure or Minnesota General Rules of Practice and to discuss any relevant case law that has emerged since the First Edition of the Deskbook was published. In addition, every form was reviewed, tweaked, and updated accordingly to provide the most current and up-to-date forms possible in order to enhance and supplement the user’s family law practice.

The 2019 Update to the Minnesota Divorce Practice Deskbook includes one BRAND-NEW chapter, Chapter 24, Special Circumstances. Additionally, this Update features 19 updated chapters, access to the eFormbook with updated forms, and a fully-updated table of authorities.

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CHAPTER 1
Overview of the Divorce Process
Introduction; Chapter Overview; Key Legal 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
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 5
ADR Options in Minnesota
Introduction; ADR Options; Post-Decree ADR
– Christopher L. Vatsaas

CHAPTER 6
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 and Melissa Chawla

CHAPTER 7
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 8
Working With Experts
Introduction; Neutral Versus Expert; Role of the Expert; Communicating With Financial Neutral Experts And Developing a Plan; Types of Experts Used In Family Law
– Zak Kretchmer

CHAPTER 9
Establishing Parentage
Introduction; Unmarried Parents and the Establishment of Parentage
– Victoria Elsmore

CHAPTER 10
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 11
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

CHAPTER 12
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
– Scott Rodman

CHAPTER 13
Property Division
Introduction to General Issues of Property Law; Information Gathering; Settling a Property Case; Litigation and Trial Considerations; Practice Tips; Conclusion
– Jack DeWalt & Melissa J. Nilsson

CHAPTER 14
Attorney’s Fees
Attorney’s Fees; Appellate Attorney’s Fees
– Jason Kohlmeyer

CHAPTER 15
Defaults
Introduction; Circumstances Under Which Default Can Occur; Process for Obtaining Default Relief
– Melissa Chawla

CHAPTER 16
Temporary Proceedings, Pretrials, and Motion Practice
Motions in General; Specific Motions; Pretrial Hearings
– Ref. Elizabeth Clysdale

CHAPTER 17
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; Conclusion
– Samantha J. Gemberling

CHAPTER 18
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 19
Appellate Practice
Appeals in General; Appellate Review
– Ref. Elizabeth A. Clysdale & Victoria Jacobson

CHAPTER 20
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 21
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
– Joani C. Moberg & Thomas Tuft

CHAPTER 22
Interstate and International Custody
Introduction; Interstate Child Custody and Parenting-Time Jurisdiction; Interstate Enforcement Mechanisms; International Child Custody and Enforcement
– Valerie D. Arnold

CHAPTER 23
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 24
Special Circumstances in Family Law
Introduction; Medical Assistance Planning and Elder Law Considerations; Bankruptcy in the Context of Divorce; Military Family Law Considerations
– Laura Fretland, Abigail McGibbon & Jenna Westby

Table of Authorities
Subject Index

CHAPTER 1
Overview of the Family Law Process 
(no forms at this time)

CHAPTER 2
Representation and Retainer Agreements / Initial Consult and Information Gathering

  • Initial Client Interview Sheet
  • Dissolution Questionnaire
  • Parentage Questionnaire
  • Retainer Agreement
  • Domestic Violence Screening
  • Client Budget Worksheet
  • List of Client Documents Needed
  • Togstad Letter Declining Representation

CHAPTER 3
Domestic Violence Screening
(no forms at this time)

CHAPTER 4
Commencing the Dissolution/Custody Proceeding

  • Summary Dissolution
  • Affidavit of Service
  • Admission of Service
  • Summons and Petition
  • Confidential Information Form
  • Certificate of Representation
  • Joint Petition
  • Answer and Counterpetition

CHAPTER 5
ADR Options in Minnesota

  • Memorandum of Agreement
  • Parenting Consultant Appointment Order

CHAPTER 6
Early Case Management and Differences among Counties/Districts 
(no forms at this time)

CHAPTER 7
The Discovery Process

  • Informal Discovery Request
  • Sworn Statement of Assets, Liabilities and Income
  • Interrogatories
  • Notice of Taking Deposition
  • Subpoena
  • Request for Production of Documents
  • Combined Interrogatories/Request for Production of Documents
  • Request for Admissions
  • Request for Medical Records
  • Discovery Response with Standing Objections
  • Stipulation and Protective Order
  • Notice of Request for Entry Upon Land
  • Request for Tax Records
  • Bank Information Release
  • Medical Information Release Authorization

CHAPTER 8
Working With Experts

  • Rule 706 Appointment Order

CHAPTER 9
Establishing Parentage

  • Complaint to Determine Paternity
  • Petition to Establish Custody and Parenting Time

CHAPTER 10
Child Custody, Child Development and Parenting Time
(no forms at this time)

CHAPTER 11
Determining Child Support and Enforcement
(no forms at this time)

CHAPTER 12
Spousal Maintenance

  • Budget

CHAPTER 13
Property Division

  • Assets Summary – Simple
  • Balance Sheet – Detailed

CHAPTER 14
Attorneys’ Fees

  • Attorney Fee Affidavit
  • Memorandum re Attorneys’ Fees
  • Rule 11 Motion
  • Safe Harbor Letter

CHAPTER 15
Defaults

  • Default Scheduling Request Form
  • Affidavit of Default and of Nonmilitary Status
  • Notice of Intent to Proceed to Judgment

CHAPTER 16
Temporary Proceedings, Pre-Trials and Motion Practice

  • Notice of Motion and Motion to Compel Discovery
  • Order for Emergency Ex Parte Temporary Custody and Other Relief
  • Financial Affidavit for Child Support
  • Certificate of Settlement Efforts
  • Affidavit for Emergency Relief
  • Parenting/Financial Disclosure Statement
  • Notice of Motion and Motion for Emergency Ex Parte Temporary Custody and Other Relief
  • Notice of Motion and Motion for Sanctions Pursuant to Minn. Stat. § 549.211 & Minn. R. Civ. P. 11.03
  • Safe Harbor Letter Sanctions

CHAPTER 17
Trial Practice

  • Exhibit List
  • Witness List

CHAPTER 18
Enforcement and Contempt
(no forms at this time)

CHAPTER 19
Appellate Practice
(no forms at this time)

CHAPTER 20
Stipulations and Agreements in Family Law Cases

  • Stipulated Judgment and Decree
  • Waiver of Counsel

CHAPTER 21
Closing Out a Divorce File

  • Closing Letter to Client
  • Notice of Filing
  • Notice of Entry of Judgment
  • Certificate of Dissolution
  • Notice of Withdrawal of Counsel
  • Quitclaim Deed

CHAPTER 22
Interstate and International Custody
(no forms at this time)

CHAPTER 23
Antenuptial and Postnuptial Agreements

  • Antenuptial Agreement

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