Jennifer R. Lewis Kannegieter

Legal Fees

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MN Divorce FAQ: Will My Spouse Have to Pay My Lawyer’s Fees?

A frequent question I hear is “Will my spouse have to pay my attorney's fees?” My answer to this is “Don't count on it.” In Minnesota, attorney's fees can be awarded one of two ways: need-based or conduct-based.

Need-based awarded mean that one party cannot afford the fees and that the other party has the means to pay. In many cases this can be a problem as neither party can really afford additional fees. Conduct-based fees are awarded when the court finds a party to be acting in bad faith and unreasonably contributing to the length or expense of the proceeding. As frustrating as the process can be, that does not necessarily mean the court will award conduct-based fees. And even if there is an award, that does not mean the other party will pay it. The expectation for many attorneys (myself included) is that my client will pay my fees. I am not interested in chasing down the other party for payment. If the other side happens to pay for what my client has already paid for, than that money will be passed along to my client, but I don't wait for the other side to decide to pay me.

There is also the practical problem that getting an award for attorney fees means that you have gone through the court process and are now in front of a Judge asking for a decision. If you are going to court on other issues, then it may make sense to ask for attorney fees. But, it does not make any sense to incur additional fees just for the possibility that the court will grant an award. In most cases, parties agree to each pay their own attorney, but the issue of attorney fees can be a discussion of negotiation and sometimes the parties will agree to a contribution for fees, or will offset fees in the property division.

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Summer 2009 Newsletter: Live for Today, Plan for Tomorrow

 My first ever newsletter came out yesterday.  Because I feel the main article contains an important message, I am including it here on the blog.  But don’t miss out on the next newsletter – subscribe today!

How will you Live for Today, Plan for Tomorrow?

“Live as if you were to die tomorrow. Learn as if you were to live forever.” – Mahatma Gandhi
 
In today’s fast-paced society we spend so much time running to and from work, school, soccer practice, music lessons, etc.  We never take a break to catch our breath.  We beat ourselves up over all those things we ‘need’ to do – clean the house, mow the yard, get the groceries… and we yearn for those things we ‘hope’ to do – read a book, take a vacation, start a new hobby…  We rarely find the time for those ‘hope to-do’s;’ we constantly put them off, telling ourselves “I’ll do that when the work is done and the time is right.”
 
And then something happens to make us realize how fragile life is; how unhappy we are running like mad, working non-stop, and never getting to those things we hope to do.  All too often it takes a tragedy, or near-tragedy for this realization to come.For me, this realization came when my grandfather got sick the end of May.  For months I had been telling myself that I would visit my grandparents someday when life calmed down, work was slow, and the money was there.  And then I realized that I ran the risk of someday becoming never, and I knew that I would never forgive myself for that.  So I bought the plane ticket, put the vacation on my calendar, and went to visit my grandparents.  My ‘need’ to-do list could wait, but I was not going to miss this opportunity.
And on my trip I (once again) vowed I would learn to live for today.  I would learn to prioritize, I would take the time to enjoy my life – appreciate the sunshine, spend time with my family, take my dogs for a walk.

Don’t wait for something drastic to change your life.  I want you to Live for Today.  Take a deep breath, smell those roses.  Stop beating yourself up over all those lingering ‘need to-do’s.’  The world won’t end if the housework goes another day (or more), and even if the world does end, would you even care?  Make time for those things that really matter to you – catch up with a friend over a cup of coffee, plan a family picnic, go visit a loved one.  Start getting around to some of those ‘hope to-do’s.’

But while I think it is important to Live for Today, I need to stress just how important it is to Plan for Tomorrow.  We all know that the two inevitable things in life are death and taxes.  There’s no avoiding them.  As difficult as it may be to think about, talk about, and plan for your own death (or the death of a loved one) – it really is necessary.

If you take the time now to plan, your family will know your wishes when the time comes.  Your wishes will be followed.  You will be able to name a guardian for your children, establish a trust and determine who will control the money and when your children will have access to the money.  You will be able to select the person responsible for handling your affairs.  Your estate can save time and money in the probate process.

If you fail to plan, your family will be left to pick up the mess.  Your wishes may not be followed.  Your family could engage in an emotional battle trying to figure out what you may have wanted.  The courts will be involved, making decisions for you.  You will have no say in a potential guardian for your children, how your assets are distributed, who will handle your affairs.  Your estate may end up in a long and expensive supervised probate process.

Plan now, save money later, and provide your family with reassurance and certainty.  Fail to plan now, spend more money later, and leave your family feeling overwhelmed and facing uncertainty.  Ultimately, it is your choice.  But to me the choice is simple.

How to Plan for Tomorrow

  • Talk to your family and friends.  Discussing wishes now may prevent disputes in the future.
  • Think about your wishes in regards to medical care and get a Health Care Directive.
  • Consider purchasing life insurance to provide for your family if you are no longer able to.
  • Review the beneficiary designations on bank accounts, investment accounts, and retirement accounts.
  • If you have a will, review it and consider updating it.  If you don’t have a will – now is the time!

Because the following could be considered advertising, and I don’t want to mess with the lawyer’s board, please accept the following disclaimer:  *Advertising Material*        

A ‘Live for Today, Plan for Tomorrow’ Special Offer
Because I want EVERYONE to Live for Today, Plan for Tomorrow, I have decided to offer a special discount on my Basic Estate Plan package.  My Basic Estate Plan package includes a will, health care directive, and power of attorney, as well as a copy of my very own Put Your Estate Plan Into Action: An Estate Organizer – everything you need to make things easier on your loved ones when the time comes.  This package is specifically designed for those with simple assets and distributions (i.e. no expected contests, no estate tax liability, no out of state property).  The Basic Estate Plan package normally costs $575 for a married couple with children, $525 for a married couple without children, $375 for a single person with children, and $325 for a single person without children.

The Live for Today, Plan for Tomorrow Special:
The longer you wait, the less you save…

Save $100 on a Basic Estate Plan in the month of July
($475 for a married couple with children, $425 for a married couple without children, $275 for a singe person with children, $225 for a single person without children).

Save $60 on a Basic Estate Plan in the month of August
($515 for a married couple with children, $465 for a married couple without children, $315 for a singe person with children, $265 for a single person without children).

Save $25 on a Basic Estate Plan in the month of September.
($550 for a married couple with children, $500 for a married couple without children, $350 for a singe person with children, $300 for a single person without children).

These special prices will be available to anyone who mentions the Live for Today, Plan for Tomorrow special offer when calling or e-mailing to request information – so spread the news!

These prices will also be used for any Will Parties scheduled for July, August, or September.  Can you think of a better way to spend an evening with friends, save some money, AND get your estate planning taken care of?  Availability for Will Parties will be limited – so schedule yours today!

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Better File Now – Court Filing Fees to Increase July 1, 2009

In case you haven’t heard, the court system (like everything else) is broke.   Starting July 1, 2009, Minnesota court filing fees will be increases.  The new family court filing fees for most of the state (Hennepin County tends to run higher by $2) will be:

  • $400 Divorce Filing Fee (previously $330) – In most cases each party will pay the filing fee (This can be avoided IF the parties have reached a complete agreement prior to entering the court system.  But be prepared to pay if you are fighting).  The good news is, once you have paid the case filing fee, you won’t have to pay it again.
  •  $100 Filing Fee for all Motions and Responses (previously $55) – If you need to ask the court for temporary relief during a divorce proceeding, or wish to bring a motion post-divorce to enforce provisions, modify child support, etc, you will be paying a $100 to the Court.  If the other side brings a motion you disagree with, you will be paying $100 to contest it.  And, if you did not pay an initial case filing fee before, be prepared to pay it now.

So, if you have been thinking of modifying child support or filing for divorce, act now and save a few dollars.  Every little bit helps.

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Uncontested Flat Fee Divorces

If you and your spouse are in agreement as to the terms of your divorce and wish to have a friendly, easy, and uncontested divorce, consider hiring an attorney for a flat fee divorce.

I routinely offer uncontested flat fee divorces at a rate of $1,000 for couples without children and $1,200 for couples with children.  The fee includes the necessary court filing fee of $330-332 (depending on your county).  This fee includes all of the legal advice, document preparation, and representation necessary for your divorce (with the exception of Qualified Domestic Relations Orders), as long as your divorce continues to be uncontested.

The process of a flat fee divorce is fairly simple.  One spouse hires me as his/her attorney (remember, one attorney can not represent both parties).  My client completes my questionnaire providing me with the necessary facts of the case and the parties’ general agreement.  I will provide advice and guidance on how to best accomplish the parties’ goals.  I will then draft the necessary documents, and arrange to get signatures.  Sometimes my client and I meet with the other party to review and sign the documents, sometimes the other party will review the documents with another attorney.  Once we have signatures, all documents are sent to the court at the same time.   If a final court hearing is required (as the courts typically require for divorces with children), I will be there to handle the hearing and provide representation.  Once the divorce is final, I will provide guidance on the “wrap-up” work involved, such as handling name changes and transferring title to property.  If things become contested in your divorce, my retainer agreement allows for us to switch over to an hourly arrangement, but acknowledges that you have pre-paid for certain documents.

Contact me today to discuss your uncontested flat fee divorce.