Frequently Asked Questions About Divorce And Family Law
If you are considering divorce 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 agreements 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 valuating 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 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 refrain from posting any pictures involving 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 of 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.
How Is Spousal Maintenance Calculated In Minnesota?
The court will consider several factors when assessing a spouse’s rights to maintenance. The key factors included in the decision-making process include:
- The length of the marriage
- The standard of living during the marriage
- The ability of each spouse to work
- The income or earning capacity of both spouses
- The monthly expenditure of each spouse
There are two steps to analyzing a request for spousal maintenance.
First we look at the net income of the party seeking maintenance and their monthly budget. If their net income is not sufficient to meet their budget, the party seeking maintenance can establish they have a need for maintenance which moves us then to step 2.
We then consider the factors laid out in statute such as those referenced above to determine how much spousal maintenance is reasonable and for what duration a party should receive it, giving consideration to the other party’s ability to pay. In some cases there isn’t sufficient income between the two parties to support two separate budgets and in those cases maintenance may be appropriate but in an amount where neither party can fully meet their monthly budget.
Because of the many components of a spousal maintenance analysis its important to work with a MN licensed family law attorney with significant experience in cases involving spousal maintenance so they can assist you in determining whether your case is one that would involve spousal maintenance and if so, what amount is fair and reasonable under the circumstances.
At What Age Can My Child Decide Where They Live?
Many parents are surprised to learn that there isn’t an age where children in Minnesota get to 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 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 and 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.
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.