Family Law Updates

Lake Harriet Law is pleased to announce that Shea Heier, Trinity Fritz Lawrence and Jenna Blankenship have j0ined the firm as law clerks.  Shea Heier is a second-year law student at the University of Minnesota Law School.  She received a Bachelor of Arts in economics at the University of Wisconsin-Madison, with minors in criminal justice and public policy.  At Minnesota Law, Shea works as an admissions ambassador and a research assistant.  She is also a member of the Women’s Law Student Association, OutLaw, and the Business Law Association. Additionally, she is part of the law school’s Tax Clinic.

Trinity Fritz Lawrence is in her second year of law school at the University of Minnesota. She previously graduated with distinction from the University of Minnesota with degrees in English and Classical Greek and a minor in Family Violence Prevention.  She has worked with SOS Sexual Violence Service, as well as RAINN as an advocate for survivors of sexual and domestic violence.  At Minnesota Law, she works as a research assistant for Professor Fionnuala Ní Aoláin, as well as being involved with Street Law, and interning at the Workers’ Compensation Court of Appeals. She is involved in the ICWA (Indian Child Welfare Act) clinic, and also serves the board of directors for TORT (Theatre of the Relatively Talentless) as tech director.

Jenna Blankenship is a third-year law student at the University of Minnesota Law School. She received a Bachelor of Arts in international relations from Oakland University, with minors in Spanish and political science. Prior to attending law school, Jenna worked in security and intelligence in Washington, DC.

At Minnesota Law, Jenna works as an admissions ambassador and a teaching assistant. She is the president of the Technology Law and Digital Rights Association, and a member of the Women’s Law Student Association. Additionally, she is part of the law school’s Insurance Law Clinic and a member of the Sports Law Competition Moot Court team.

Domestic Abuse and Financial Abuse

Domestic abuse is very common in intimate relationships—in Minnesota, approximately 1 in 3 women and 1 in 4 men report experiencing intimate partner violence or stalking during their lifetimes, and real numbers are likely much higher. [1 ]Domestic abuse statistics are often underreported, partly because victims and survivors of abuse may decline to define their negative intimate experiences as “abuse.” Often, when we think of domestic abuse, we think of physical abuse, but domestic abuse encompasses a wide range of behaviors by which one partner exerts power and control over the other.

An extremely common, but often overlooked, form of domestic abuse is financial abuse. Financial abuse occurs in approximately 99% of abusive relationships and is commonly seen in conjunction with other forms of domestic abuse.[2] There are many forms of financial abuse, but some examples include:[3]

• Your partner expects you to deposit your paychecks into a joint account, but doesn’t allow you to access the account, view the balance, or withdraw funds
• Your partner gives you a spending allowance or closely tracks your spending
• Your partner refuses to work or otherwise contribute to joint household expenses
• Your partner opens financial accounts in your name without your permission
• Your partner prevents you from working, limits your work hours, or sabotages your job

Abusers manipulate finances as a form of coercive control: by controlling their partner’s money or ability to work, an abuser aims to ensure their partner lacks the financial security to leave the relationship.[4]  It is extremely difficult to leave an abusive relationship, and victims of financial abuse often experience additional obstacles because they lack the resources—whether assets, credit history, or work history—to support themselves independently of their abuser.

Financial Abuse and the Divorce Process

Attorneys and judges consider parties’ relative financial positions when determining awards of child support, spousal maintenance, and property settlements, and making other decisions in divorce proceedings. It is therefore extremely important to find a divorce attorney who understands your financial situation—especially if you have experienced financial abuse.  Victims/survivors of financial abuse are often placed in vulnerable financial positions (due to having a low income, gaps in work history, or bad credit, for example) and abusers may attempt to exploit this to achieve favorable outcomes in the divorce. If you have experienced financial abuse, it is important to inform your attorney so they can take proper steps to secure your financial future.

At Lake Harriet Law, we use forensic accounting techniques to gather evidence of financial abuse during the marriage. Evidence that your spouse controlled or manipulated marital finances can counteract your spouse’s attempts to use your vulnerable financial position against you. We can also use motions to the court to help you secure funding for necessary expenses (such as food, rent or mortgage payments, and attorney’s fees) throughout the divorce proceedings, even if your spouse controls your financial accounts.

Minnesota Law and Financial Abuse

Minnesota laws surrounding domestic abuse are unfortunately limited in nature, and therefore fail to protect many survivors of abuse. Minnesota Statute § 518B.01 limits its definition of domestic abuse to physical abuse, imminent threats of physical abuse, terroristic threats, sexual abuse, and interference with an emergency call. As a result, Minnesotans have extremely limited legal recourse if they have experienced financial and emotional abuse, although these forms of abuse are present in the vast majority of abusive relationships.[5]

Minnesota does provide limited recourse to victims/survivors of financial abuse through the State Attorney General’s Office: victims of financial abuse can request a security freeze on their credit reports, to prevent their abusers from negatively impacting their credit, or request a new Social Security Number to prevent identity fraud.[6] However, Minnesota needs updated domestic abuse legislation to adequately address the threats faced by victims/survivors of financial abuse. As other states, such as California, begin to expand their statutory definitions of domestic abuse to encompass financial abuse and coerced debt, we hope to see the Minnesota legislature follow suit.[7]  In the meantime, Lake Harriet Law continues to employ creative methods to ensure the best possible financial outcomes for our clients.

Highly Experienced Legal Representation

No matter your situation, you’ll need financially savvy legal counsel capable of providing you with knowledge-backed advice and guidance through the process.

During a divorce, it’s important to be mindful and focus on the positive moving forward.  Ready to learn more about how to navigate a divorce with financial issues? Call Lake Harriet Law Office today to discuss your circumstances and to schedule a consultation.

Randall A. Smith – Managing Attorney          612-750-484

Brianna Attamante – Law Clerk                       612-223-8925

Shea Heier – Law Clerk                                      612-223-8925

Trinity Fritz Lawrence – Law Clerk                 612-223-8925

Jenna Blankenship – Law Clerk                       612-223-8925

 

[1] https://ncadv.sitewrench.com/statistics

[2] https://www.vfmn.org/financial-abuse

[3] https://www.thehotline.org/resources/what-is-financial-abuse/

[4] https://dfpi.ca.gov/2022/10/04/financial-abuse-is-domestic-abuse/

[5] Financial abuse is present in approximately 99% of abusive relationships, according to Violence Free Minnesota. Emotional abuse was present in 95% of calls to the National Domestic Violence Hotline in 2020. https://www.thehotline.org/wp-content/uploads/media/2021/06/Hotline-EOY-Impact-Report-2020.pdf

[6] https://www.ag.state.mn.us/consumer/Publications/DomesticAbuse.asp

[7] California Senate Bill 975. https://legiscan.com/CA/text/SB975/id/2609157