Frequently Asked Questions About Divorce And Family Law
If you are considering or working through a divorce, you probably have several questions about the process, timeline and expenses. Although it’s only possible to provide basic answers here, the most accurate answers will be from a lawyer who knows your situation. When you contact the Twin Cities law office of Hill Crabb, LLC, we will take the time to listen to your goals and concerns, and then we can provide the detailed answers you need.
How much does it cost to get divorced?
The cost of a divorce is determined by several factors, including the amount of time it takes to reach an agreement and how often you go to court. Some couples spend a few hundred dollars and do virtually everything on their own. Other couples fight about every aspect of the divorce and may spend tens of thousands of dollars to have their lawyers battle every detail. After our Edina divorce attorneys learn the specifics of your situation, we can provide a more accurate estimate.
How long does the Minnesota divorce process take?
One of the biggest factors in determining how long it takes to work through the divorce process in Minnesota is how well the parties are able to work together. Parties who agree on most aspects of their divorce may be able to move through the process in a matter of weeks. Individuals who need help creating parenting plans or evaluating assets and parties that are unable to agree on anything may spend months or years working toward a final resolution.
Should I delete my Facebook account?
When working through a divorce, it’s important to remember that everything you put online could be used against you by a vindictive spouse. If you are involved in a child custody dispute, be smart about the things you post online and consider how those things could reflect on you. We strongly advise you to refrain from posting any pictures involving the consumption of alcohol or being at an event during your scheduled parenting time.
Is divorce the answer?
Couples who reach the point of considering separation or divorce often do so with heavy hearts and mixed emotions. They may feel helpless, defeated, indifferent or angry over what seem to be insurmountable problems within the marriage.
Divorce is not a cure for conflict in every circumstance, especially if children are involved. Even under the best circumstances, co-parenting after a divorce brings with it a whole new set of issues around which conflicts can arise. Many couples consider marital discernment counseling before moving forward with divorce.
Is spousal maintenance a guarantee in Minnesota divorces?
No, it is not a guarantee. There are many factors that determine whether spousal support is awarded to a spouse after divorce. Even if you are eligible for spousal support, the court may not rule in your favor to receive it. Working with a skilled attorney can help you present a strong case and advocate on your behalf to increase your chances of obtaining spousal maintenance.
At what age can my child decide where they live?
Many parents are surprised to learn that there isn’t an age at which children in Minnesota can decide which parent they live with. When making custody and parenting time determinations, courts are required to consider the 12 Best Interest Factors that are laid out in Minnesota Statute 518.17. While one of those factors is the “preference of the child,” the court is prohibited from relying on that factor to the exclusion of the other 11 factors. So, while a child’s preference may be persuasive, it will not on its own determine the outcome of a custody and parenting time determination. Working with an experienced family law attorney to craft an argument on all 12 Best Interest Factors will put you in the best position to achieve your desired outcome on custody and parenting time.
What does a family law attorney do?
A family law attorney can help assert your legal rights at each stage of your relationship. This includes setting up prenuptial agreements before the marriage or postnuptial agreements once you are married. A family law attorney can also protect your rights during a divorce, prepare all the relevant paperwork and ensure you receive a fair divorce settlement. They can also assist a parent in establishing custody and parenting time rights of a child(ren) or modifying existing custody and parenting time orders. Finally, a family law attorney can assist in obtaining or defending against protective orders such as Harassment Restraining Orders and Orders for Protection.
If you are a parent, a family law attorney can help you assert your custodial rights. They will navigate the legal process to reach agreements that are in the best interests of your child. The importance of having a family lawyer behind you on any matter related to family law cannot be overstated.
What is the divorce rate in Minnesota?
Divorce is common across the country. While recent national statistics have shown a slight increase in the overall number of divorces, the general trend of divorce has been decreasing over the past decade. Minnesota ranks among the 10 lowest states for divorce at a rate of 5.6 per 1,000 people ages 15 and over. Compared to Arkansas, which ranked the highest at a divorce rate of 11.8, Minnesota sees much fewer divorces overall.
Does it matter who files for divorce first?
While filing for divorce first doesn’t give you any special rights over your spouse, or any real advantages in the outcome of your divorce case, there are a few collateral benefits to being the one to take that initial step. When you file for divorce first, you’re able to:
Start the timeline: By filing first, you are the one who sets the divorce process into motion. This means you can file when you feel most confident about your decision and have already taken steps to prepare for the next steps such as gathering evidence and consulting with an attorney.
Retain an attorney of your choice: If you filed first, you likely scheduled a number of consultations to understand your rights and find the attorney you feel most comfortable with representing your interests. Because Attorneys will not represent you if your spouse has already spoken to them, it’s important to find a divorce lawyer early on in the process who will protect your interests.
Choose where to file: To file for divorce, you must meet certain residency requirements on both a state and county level. If you and your spouse have physically separated and residing in different counties, your divorce case could be filed in either county. Filing first allows you to select the county in which you reside which may have a travel advantages to you.
While it’s not necessary to be the one to file for divorce, these benefits can give you a head start in the divorce process and set the tone for the rest of your divorce proceedings
How Do I Get Started?
If you are interested in learning more about your rights and options, contact Hill Crabb, LLC, to schedule a consultation. We represent individuals in Edina, the Minneapolis/St. Paul area and throughout Minnesota in divorce and family law matters. Our firm can be reached through an online contact form or by calling 612-568-5967.