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| Q: |
Are the do-it-yourself will kits
legal documents? In the state of Minnesota, do you have to have a Minnesota resident as your executor of your estate?
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| A: |
Most, if not all, of the do-it-yourself kits come with a disclaimer that states that the company does not provide legal advice under any circumstances. That they cannot and do not advise any person or entity as to
their rights, remedies, or obligations under the laws of any State. What
that means is that while you may use their forms, you are doing so at your
own risk, and if there is a special set of circumstances in your case that
the do-it-yourself kit does not take into consideration that may leave you
unprotected in the future.
You do not have to be a Minnesota resident in order to be the executor
(the proper term now is Personal Representative) of the estate.
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| Q: |
If someone resides in Iowa and is getting a divorce in Iowa, can they get an out-of-state attorney, such as MN?
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An Iowa resident getting divorced in Iowa may obtain a Minnesota attorney for their divorce as long as the Minnesota attorney is also licensed to practice law in the state of Iowa.
You may also wish to consult with an Iowa attorney regarding the requirements for an unlicensed attorney to practice in Iowa on a temporary (pro hac vice) basis.
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| Q: |
What is a legal separation and is it faster or easier than a divorce?
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A legal separation does not terminate the marriage but acts to finally separate the finances of the parties and finalize arrangements fro the care and support of any children. The process for obtaining a legal separation is substantially similar to the process for a divorce. The property and debts are generally divided, child support and spousal maintenance can be awarded, and custody issues can be determined. Because the procedure is essentially the same as the divorce process, it is not faster or easier than a divorce. It is also not a required preliminary step for a divorce.
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| Q: |
What are the grounds for divorce in Minnesota?
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The only meaningful basis for divorce in Minnesota is irretrievable breakdown of the marriage relationship (i.e. there is no chance of reconciliation). Either spouse can obtain a divorce on that ground, even if the other party objects. Minnesota has adopted “no-fault” divorce which means that it is not necessary to prove “fault” such as abandonment, cruelty, or adultery in order to obtain a divorce. However, in certain instances, conduct of a spouse might be relevant in child custody and parenting time determinations.
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| Q: |
Do you charge for an initial consultation?
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Consistent with our mission of providing outstanding and affordable personalized legal services, we do not charge for an initial consultation. This community and this profession has been very good to me and this is my way of giving back, by being accessible and allowing you to have an opportunity to talk about your legal situation without feeling that the only way to speak to an attorney is with your checkbook. Additionally, we do not charge extra for “court time”. We believe that, especially in criminal law, you should not have to consider, in addition to everything else, whether going to Court is going to cost you more in attorney’s fees.
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| Q: |
How much will my case cost?
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While there could be a large number of questions that one may have when it comes to our law firm, and the way we practice and the law, we realize that inevitably the main question that lingers out there is “How much is my case going to cost”. It is a simple question that regrettably does not have a simple answer. Yet, we do realize that few people, if any, have a legal fees savings account sitting around and that is why we try hard to be as efficient and inexpensive as possible.
Make no mistake, legal services are not inexpensive. If you are on an extremely limited income, there are state-funded agencies that provide free legal services and you can either ask the court to appoint an attorney for you, or you may inquire if you are financially eligible for their services. In criminal cases you have the right to a state-paid attorney, through the Public Defender’s Office.
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expert: Arens Dilaveri
