Hines Law Group, LLC

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Hines Law Group, LLC

Hines Law Group, LLC prioritizes the amicable resolution of family law matters.

The information provided on this page does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Use of, and access to, this page or any of the links or resources contained within the site do not create an attorney-client relationship.

10/16/2023

In a divorce case, one person, known as the Petitioner, must serve their spouse with the Summons and Petition. Typically, this is done through "personal service," where someone other than Petitioner personally delivers the documents.

If you can't find your spouse, you need to request an "Order to Serve by Alternate Means" from the court. The judge may choose one of these methods:

1. You mail the documents to your spouse's last known address or another address where they are likely to receive them, such as a relative's home.
2. You publish the documents in a legal newspaper. Usually, the Petitioner covers the cost unless they have a special waiver from the judge exempting them from these expenses.

To request an "Order to Serve by Alternate Means," you need to follow specific steps. If your spouse doesn't respond within the court-ordered time frame, they default. Then, you'll need to file additional documents to complete a default divorce.

Hines Law Group provides limited scope legal services, including assistance with default divorces. For more information, visit www.hineslawgroup.com and fill out an online form.

10/09/2023

Choosing a collaborative approach for unmarried parents dealing with custody matters is often a better choice than going through a traditional adversarial approach. Here's why:

1. **Cooperation Over Conflict:** Collaborative law relies on cooperation between parents rather than adversarial conflict. You don't have to agree on everything initially, but you should be open to working together. This approach aims to create a custody arrangement that benefits both parties and, most importantly, the children.

2. **Confidentiality:** One significant advantage is the confidentiality of collaborative sessions. This means you can openly discuss important issues without worrying about your private matters going before a judge.

3. **Child-Centric Solutions:** Collaborative methods focus on crafting a plan that aligns with the best interests of your children. Parents can explore creative solutions that may not be readily available in a courtroom setting. This helps establish a foundation for cooperative parenting, simplifying life for everyone and ensuring that children have the benefit of active involvement from both parents.

4. **Comprehensive Problem Solving:** Unmarried parents often face more than just custody and child support issues. They might have shared property like a home, vehicles, or joint bank accounts that need to be divided when they separate. Collaborative mediation sessions can address these additional matters effectively.

In summary, collaborative law offers a more cooperative, confidential, child-focused, and comprehensive approach.

If you’d like to discuss your options as an unmarried parent with a custody matter, Hines Law Group, LLC offers half hour complimentary consultations.

09/29/2023

Minnesota does not recognize common law marriage even if you moved to Minnesota from a state that does recognize common law marriage.

Unmarried couples, even if they've been together for a long time, aren't covered by marital property laws in Minnesota.

Without a written agreement, it’s difficult to prove you have a right to the house if you’re not on the title.

If you’re in an unmarried partnership and you want to ensure that your assets are protected in the event of a breakup or death, it’s best to seek advice from an estate planning attorney.

Contact Hines Law Group, LLC for a referral to an excellent estate planning attorney.

09/27/2023

Hines Law Group, LLC offers Limited Scope Representation (LSR), also known as "unbundled" legal services. Hines Law Group, LLC will focus on specific tasks related to your case, and you pay only for those particular services, rather than hiring for the entire case.

You are only billed for the services provided, which can be structured as a flat fee or an hourly rate.

Examples of limited-scope arrangements that Hines Law Group, LLC offers include:

- Reviewing legal documents that you or the opposing party's attorney prepared.
- Preparing and drafting court pleadings, forms, or other necessary documents.
- Drafting stipulations and other agreements that may be reached during mediation.
- Attending mediation sessions or other settlement meetings with you.
- Representing you at an early neutral evaluation.
- Drafting or reviewing name change documents for you or your children.

Opting for Limited Scope Representation provides flexibility and cost-efficiency in addressing your legal needs, tailoring the legal services you receive to the specific requirements of your case.

Hines Law Group, LLC offers complimentary half-hour consultations.

09/20/2023

There is no legal advantage to filing your divorce first. Minnesota is a "no-fault" divorce state, meaning you don't need to allege spousal misconduct to get divorced. Beating your spouse to the punch by portraying them in a negative light in the initial filing doesn't benefit you, in fact it can lead to a more contentious, lengthy, and costly process. There is one potential advantage unrelated to the law: if you and your spouse already live in different counties, filing first gives you the ability to choose the county for the initial filings and most likely for the divorce.

09/14/2023

Minnesota's "no-fault" divorce law allows divorce without the consent of both spouses. Only one spouse must declare an "irretrievable breakdown of the marriage.”

If a spouse voluntarily refuses to participate in the divorce process, the other spouse can initiate the process, potentially resulting in a default judgment for issues like property division, child custody, and spousal support.

If your spouse has you served with a summons and petition for divorce, it is in your best interest to timely respond.

For a complimentary half hour consultation, contact Hines Law Group, LLC at 507-202-5817.

09/12/2023

It’s possible your spouse is attempting to dissipate assets. Dissipation of assets in Minnesota refers to the unjustifiable waste or abuse of marital property in anticipation of divorce.

Actions like accruing excessive debt, unusual spending, gambling losses, hiding assets, cashing out retirement, extravagant gifting, and neglecting asset protection (e.g., not paying the mortgage) might be considered as dissipation of assets.

Courts require evidence of dissipation, and timely action is crucial for compensation and asset protection. The innocent spouse may receive a larger share of marital property in cases of proven dissipation.

For a complimentary half hour consultation, contact Hines Law Group, LLC at 507-202-5817.

09/01/2023

Many people believe that if ex-spouses mutually agree, they can create legally binding contracts independent of the divorce decree, without the need for court intervention.

While it’s usually true that you and your ex-spouse can make certain mutual agreements (e.g., changing parenting time) that vary from the divorce decree, those agreements are not enforceable without a court order.

To ensure clarity, prevent future disputes, and make your agreements legally binding, it is advisable to pursue a court order. Consult with an attorney to assist you in this process.

08/03/2023

False.

Mediation involves hiring a neutral third party to help resolve divorce issues between two individuals. The mediator facilitates private communication, aiming to resolve disputes and hopefully reach full agreement. Parties may or may not involve their attorneys, and they can stop mediation at any time to go to court, but any agreements made during mediation remain confidential.

On the other hand, collaboration is a legally binding contract between both parties and their attorneys, committing not to go to court. Breaching this contract requires firing the attorneys and restarting the process. Attorneys can help clients identify their priorities and work through the issues. Collaborative divorce may also include non-lawyer professionals like mental health experts and financial specialists to provide emotional clarity and support during the resolution of the marriage.

To learn more about mediation and collaborative divorce, contact Nicole Hines at Hines Law Group, LLC.

08/01/2023

Not all divorces are the same.

During divorce, it's common for people to compare their situation with others and seek advice from nonprofessionals who may not know the law or fully understand the complexities of their divorce. However, it's essential to remember that each marriage and divorce is unique, so such comparisons can be misleading and may not provide the complete picture.

Divorce outcomes are influenced by a multitude of variables, such as incomes, marital and non-marital assets and debts, duration of marriage, number and ages of children, children's special needs, educational expenses, extracurriculars, employment history, parties’ ages, educational background, income potential, family and social support systems, disabilities, illnesses, and the parties' ability to collaborate and compromise.

It's essential to recognize these complexities and focus on your specific circumstances when going through a divorce.

It's advisable to rely on the professionals you've hired to assist you with your divorce rather than seeking advice from various friends, colleagues, or acquaintances. In collaborative divorce, some of the professionals involved may include attorneys, a child/family specialist, and a Certified Divorce Financial Analyst. Trusting these experts can help you navigate the process more effectively and ensure you receive the support and guidance needed for your unique situation.

If you find yourself facing a divorce, don't hesitate to reach out to Nicole Hines at Hines Law Group, LLC. Nicole provides a free half-hour consultation to help you through this challenging time.

07/26/2023

False.

In Minnesota, the custodial parent cannot move the child to another state without a court order or the other parent's consent, if the other parent has court-ordered parenting time. If the move is meant to disrupt the other parent's court-ordered parenting time, it won't be allowed.

When the parent with custody wants to move the child to another state, the court will use a "best interests" standard in making a decision.

When parents consider moving, many of them prefer to cooperate outside of court to avoid legal costs and maintain a positive co-parenting relationship. To learn more about resolving relocation matters through collaboration, get in touch with Nicole Hines at Hines Law Group, LLC.

07/21/2023

False.

In Minnesota, both moms and dads have the same legal rights to their children. But if parents are unmarried, paternity must be proven through a Recognition of Parentage form or court order.

Minnesota courts cannot show favoritism based on the parent's gender. Instead, courts carefully consider many factors to decide what's in the best interest of the child when handling custody matters.

Unmarried and divorcing parents do have the option to work collaboratively, outside of court, to resolve custody and parenting time issues. To learn how, contact Nicole Hines at Hines Law Group, LLC.

Address

3265 19th Street NW, Suite 913
Rochester, MN
55901

Telephone

+5072025817

Website

http://www.hineslawgroup.com/

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