Divorce Attorneys in Minnesota
Minnesota is a no-fault divorce state, meaning that the court will not take into account “misconduct” as part of the final Order. There are, however, times when “fault” does creep into a case - for example, alcoholism in a custody dispute.
Key Issues in Minnesota Divorce Cases
Divorce in Minnesota can involve five key issues: custody, child support, property division, spousal maintenance and fees and costs. You can rest assured knowing that your case will be handled efficiently and promptly by our lawyers. In addition, our divorce attorneys in Minnesota have experience with child custody, alimony, and know all of the fees and costs associated with your divorce.
Podcast: Methods of Resolving Your Divorce in Minnesota
In terms of the custody, decisions will need to be made concerning physical custody, legal custody and a parenting time schedule. Parents can either share custody (joint) or one parent can exercise custody of the children (sole). Parenting time schedules vary widely, from a division of time equally among parents, to a rather traditional non-custodial schedule calling for every-other weekend and one night per week.
Child support is broken down into three broad categories: basic support, medical support and daycare support. The basic support is the traditional cash payment one party makes to the other for the support of the minor child(ren). Medical support involves a division of medical and dental insurance premiums for the child(ren), along with a division of any uninsured medical or dental expenses. Brown Law’s divorce attorneys in Minnesota will help you understand the state’s child support guidelines and determine the relevant obligation for each parent.
Insofar as property division is concerned, Minnesota judges typically divide the marital estate equally among the litigants. Non-marital assets (items inherited or brought into the marriage) may be not be subject to division among the parties. The typical approach to property division involves the creation of a balance sheet, itemizing each asset (or debt), valuing each item, and then dividing accordingly.
The issue of alimony is rather complex. Generally speaking, if one spouse has made a career sacrifice of some sort for the sake of the other, or the children, they may be entitled to financial support following the divorce. Spousal maintenance may be awarded on either a temporary, or permanent basis, so long as there is a “need,” and an “ability to pay.”
Fee Award as Part of a Divorce
Finally, there are two ways that a fee award may come about as part of a divorce. The first basis involves a claim made for bad-faith conduct of the other party. The second involves a need-based claim.
All of the foregoing topics are discussed much more extensively throughout our site. If you have questions or need more information, our experienced divorce attorneys in Minnesota are ready to assist you during this difficult time.
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Are you facing a divorce? Not sure where to start? Brown Law’s divorce attorneys in Minnesota have represented thousands of clients since 1998. We handle cases throughout Minneapolis and greater Minnesota. Call 763-323-6555, or complete our online case evaluation form.