The Coon Rapids divorce attorneys with our firm have represented thousands of clients over the last 22 years. Our award-winning attorneys have successfully litigated against some of the best divorce lawyers in Minnesota. We are located minutes from Coon Rapids, along Highway 610 and 169. Learn more about the various types of divorce in Minnesota:
- Contested Divorce;
- Uncontested Divorce;
- High Conflict Divorce;
- High Net Worth Divorce;
- Collaborative Divorce; and
- Military Divorce
Other Resources in Coon Rapids
Because Coon Rapids is a large city, there are many resources within the community to assist family court litigants:
- A list of Coon Rapids Divorce Support Groups;
- Coon Rapids Community Resources;
- Counselors and Therapists in Coon Rapids; and
- Career Opportunities in Coon Rapids
Overview of the Divorce Process
There are four main issues involved in a Minnesota divorce: (1) custody and parenting time; (2) child support; (3) division of property; and (4) spousal maintenance. Each issue presents a number of nuances and challenges.
Marriage in Minnesota is a contract between a man and woman, valid only if the parties are legally capable of forming a contract and have obtained the appropriate marriage license. A voidance of that contract, once known as “divorce” is now technically called a “marital dissolution.” Unlike traditional lawsuits, marital dissolution suits do not involve a plaintiff and defendant. Instead, the party initiating the divorce is called the “petitioner,” while the party responding to the petition for dissolution is the “respondent.”
In 1974, Minnesota became a “no-fault” divorce state. Marital dissolution is now effective when a court finds an “irretrievable breakdown” of the couples’ relationship. This means there is no reasonable prospect of reconciliation. Finding an “irretrievable breakdown” requires certain evidence. The parties must be living separately for not less than 180 days, unless some more serious issue exists. Only one party must demonstrate the irretrievable breakdown; agreement as to marital status is not necessary.
Regardless of which type of dissolution process is employed, the court will ensure that all “marital property” is divided equitably among the parties. “Marital property” means property, real or personal, acquired by the parties at any time during the marriage. All property acquired by a party to a dissolution proceeding subsequent to marriage but before valuation is presumed marital property.
To the contrary, “non-marital” property remains the full interest of the original owner. “Non-marital property” means any real or personal property that is:
- Acquired as a gift or inheritance to one spouse only;
- Acquired before the marriage;
- Acquired by a spouse after valuation; or
- Excluded by an antenuptial agreement.
Marital property is typically valued by an independent expert witness, such as a real estate appraiser, business valuation expert, accountant, realtor, actuary, economist, or stock broker. A series of valuation considerations are taken into account for each type of marital property. Once valued, the court will make a just and equitable division of the marital property without regard to marital misconduct. Debts, too, will be apportioned equitably.
The hope remains that our lawyers can conclude your divorce as cost-effectively as possible. Approximately one-half of the cases we handle settle relatively early through direct negotiation. If matters do not settle early, your case will be filed with the court. Still, the odds are very good that your divorce will be resolved through mediation or an early neutral evaluation well before trial. We are prepared to try your case if necessary.
Contact Our Firm
Are you located in Coon Rapids and need a divorce lawyer? We’re here to help by providing answers to your important questions. Call (763) 323-6555 to talk with one of our attorneys about your case.