The Elk River divorce attorneys with the Brown Law Offices, P.A. have two decades of experience representing people in a situation similar to yours. Jason and Cynthia Brown, husband and wife, founded the firm in 2003. Together they have represented thousands of clients facing some of life’s most difficult challenges. Our offices are located along Highway 169, about 15 minutes southeast of downtown Elk River. Some of the more common types of divorce cases include:
- Contested Divorce;
- Uncontested Divorce;
- High Conflict Divorce;
- High Net Worth Divorce;
- Collaborative Divorce; and
- Military Divorce
Elk River Resources for Family Court Litigants
Are you facing divorce? There are many resources available in Elk River:
- Parenting Solo in Elk River;
- Elk River Counseling Services;
- City of Elk River Resident Resources; and
- Forensic Accounting Services in Elk River
Custody and Parenting Time
Custody and parenting time disputes are one of the top issues in any divorce. Minnesota law has a statute governing the best interest of a child. The Court must consider 12 different factors in the statute to determine custody and parenting time. The factors include:
- The ability of each parent to meet the children’s needs;
- Any special needs a child faces;
- A child’s preference, if they are of suitable age and maturity;
- Whether there is a history of domestic abuse in your relationship;
- Any physical, mental or chemical health issues of the parents or children;
- The role each parent played in raising a child;
- The stability of the home environment offered by each parent;
- The ability of each parent to get along with one another;
- The willingness of each parent to facilitate a relationship between a child and the other parent;
- The ability of the parties to communicate with each other;
- The benefit or detriment of maximizing or minimizing parenting time; and
- The ability of each parent to meet the needs of a child.
Child support is a specific monetary amount which is given from one parent to the other to help support and care for their joint child. Under Minnesota law, there are three different types of child support. The first type is called “basic support.” It involves a monthly cash payment from one party to the other each month. The second type is “medical support” which relates to the division of insurance premiums and uninsured expenses for the joint child. Lastly, the third type of child support is “childcare support.” This specifically divides amounts related to daycare and other work-related childcare needs. In Minnesota, court calculations use factors like income and parenting time to determine child support. Our family law lawyers can run calculations to give you a better idea of possible child support obligations.
Dividing property in Minnesota can be difficult. Minnesota is called an “equitable property division” state. This means the Court is likely to divide your marital estate equally. Your marital estate includes your home, bank accounts, vehicles, retirement accounts or other valuable personal property. Each item will be valued and division will be made on your divorce balance sheet. However, there is an exception in the law for property deemed “non-marital.” Non-marital property includes valuables or equity that is brought into the marriage. Inheritance and gifts are also seen as non-marital property. If you can prove an asset is non-marital, it will be excluded from the equitable property division.
Spousal maintenance or alimony is a monetary payment one ex-spouse makes to another after a divorce. Spousal maintenance, unlike child support, is not easily calculated by the courts. There are a number of factors that assist in the court’s determination for the duration and amount of alimony. Some factors include: (1) the income of each party; (2) the future budget or expenses of each party; (3) the length of the marriage; (4) the role a spouse may have played as a stay-at-home parent; (5) career sacrifices made by either spouse for the sake of their joint family; (6) each party’s health, age, education background; and (7) the parties’ standard of living throughout the marriage. Spousal maintenance awards can vary in length from permanent to temporary amounts. Our Elk River divorce lawyers can assess whether or not you are a candidate for spousal maintenance and advise you on how the Court may look at your divorce matter.
Need More Answers?
Family law is very personal and our firm takes pride in helping clients through a very difficult period of time. You are not alone. If you have questions, contact our our Elk River divorce lawyers today at (763) 323-6555 or by submitting an online contact inquiry through our website.