Divorce law is complicated. Every case must be handled differently. Divorce can also be one of the most stressful and emotional experiences in life. Many decisions must be made — financial decisions, property decisions, business decisions. When children are involved, additional considerations must be made affecting the dynamic of the family. This is a time when a compassionate divorce attorney can ease your mind and address your questions and concerns.
Navigating the Process
In Minnesota, divorce is called dissolution of marriage. Cases are heard and decided in family court. Since Minnesota is a no-fault state, you do not need to prove that your spouse caused the breakup. All that must be proven is that there has been “an irretrievable breakdown of the marriage relationship.”
A divorce attorney will gather information to better understand your situation by asking questions such as the following:
Where Children are Concerned
A primary concern in a dissolution of marriage is the welfare of the couple’s children. Each spouse has the right to decide where the children will live (physical custody or primary residence), how much time the children will spend with each parent (parenting time), how decisions will be made for the children in the future (legal custody), and how each parent will contribute to the children’s financial future (child support).
Also, if children were born before the marriage and there has been no adoption or custody order, in Minnesota, the mother will have sole custody until there is a court order changing custody.
The uncertainty facing one partner who is financially dependent on the other can cause tension in the divorce process. A knowledgeable divorce lawyer at Bolt Hoffer Boyd Law Firm will guide you through the steps of asset and debt division, and what to expect when seeking maintenance.
There are two types of spousal maintenance in Minnesota:
Your attorney will help you understand what the best alternative for you may be.
Minnesota law requires the court to make a “just and equitable division of the marital property of the parties without regard to marital misconduct.” This can include homes, cabins, bank accounts, retirement and pension accounts, brokerage accounts, and more. It will also include the allocation of debts such as mortgages, credit cards, and loans.
Our divorce attorneys discuss what you may expect each step of the way, including decisions that will need to be made for you and your family and whether you will need to appear in court.
Find the thoughtful and knowledgeable counsel you need at Bolt Hoffer Boyd Law Firm. Contact our divorce attorneys at (763) 406-7000 to schedule a free initial consultation.