Predivorce Planning Services
Divorce preparation can begin long before the legal process takes place. If you are considering divorce, take the steps necessary to put yourself in the best possible position. At the Twin Cities law firm of Hill Crabb, LLC, our lawyers will counsel you about the strength of your case and what life changes could be made in advance to put you in the most advantageous position to achieve your desired results.
Elements To Consider When Planning Your Divorce
There are a number of issues to be addressed during the divorce process. The facts and circumstances of each case will determine the specific issues to be addressed.
These issues may include:
- How will personal property be divided?
- How will retirement and other financial accounts be divided?
- How will marital debt be apportioned?
- Who will be awarded the marital homestead, and is any equity equalizer payment due to the other party?
- How will other marital assets be divided?
- Will a professional valuation be necessary to determine the value of any of the marital assets, and how will that valuation be paid for?
- Will either party be awarded spousal maintenance? If yes, how much and for how long?
- How will we file federal and state taxes for the year of the divorce? How will we apportion any taxes owed or divide any refund?
- Who will be awarded physical and legal custody of the minor children? Will custody be shared jointly, or will one party have sole custody?
- What is the parenting time schedule for the children?
- Who is covering medical insurance for the children?
- Who will be awarded the dependency exemption?
When you first meet with us, we will thoroughly examine your circumstances to help you determine the important concerns in your divorce.
Gathering Documentation
One of the most time-intensive and costly aspects of a divorce is gathering and reviewing information related to marital assets and liabilities. You can get ahead of the game and save money by gathering your financial records in advance. These financial documents will be used by your attorney to counsel you on what you might be entitled to in a final division of assets and debts, support your position, and identify any misinformation in your spouse’s reported information. Gathering this information can take time, especially if your spouse is handling the finances in your marriage. The earlier you begin the process, the more time you will have to locate information.
Planning For The Future
In addition to gathering financial documentation, you will want to take steps to prepare and plan for life leading up to, during and following divorce. Divorce is one of the most stressful events a person can endure. While a good family law attorney will take care of the legal aspects of the divorce so you can focus on daily life, it can, at times, feel all-consuming. Planning for the next steps in life can make the divorce process easier for you and your family.
Is It Time To Divorce?
Even as you’re going through the preplanning stages of divorce, you might still be wondering: Is divorce really the right option?
It’s not unusual to wonder whether you’re making the right decision. Ending a marriage is a serious choice that you’ve likely been considering for a while. The stress of preplanning may also take its toll and make you reconsider. However, there are some factors you should consider to help you decide if this is the right option for you, including:
- Previously considering divorce or separation: If you’ve been thinking about ending your marriage on multiple occasions, it’s generally a sign that it’s time to move on.
- Lack of interest in staying together: If you no longer feel committed to trying to work things out or staying with your spouse, a divorce may be the necessary next step.
- Lack of intimacy: When spouses grow apart, it can lead to feelings of neglect and loneliness. A lack of intimacy may mean your marriage has run its course.
- You’ve exhausted other options: If you’ve already tried separation, marriage counseling or other methods of repairing your relationship but still find yourself unable to reconcile, divorce may be the best option.
- You’re only staying because of the kids: Many spouses cling to their marriage because they don’t want to hurt their kids. However, sticking around for the sake of your children may do more harm than good if your kids are exposed to parents who fight or argue constantly.
- You’re concerned about your safety or your children’s safety: Your safety should always come first. If your circumstances have made you feel unsafe around your spouse, it may be time to end your marriage and escape a toxic environment.
If any of these factors resonate with you, it may be time to move forward with your divorce. We can help you take the next steps toward securing a brighter future.
Filing For Divorce In Minnesota
When you’re ready to file for divorce, you must meet certain requirements and follow specific steps. The requirements for divorce eligibility include that at least one spouse must be living in Minnesota for at least 180 days and that you file for your divorce in a county where one of the spouses is currently living. If you meet these criteria, you can file for your divorce, which includes the following steps:
- Filing your forms with the court. You will need to fill out forms for a Petition for Dissolution of Marriage and serve them with the district court in the county where either you or your spouse lives.
- Your spouse has to file an answer. If you are the one to serve the divorce petition, then your spouse must answer within 30 days. If your spouse does not respond to the court within this period, they forfeit their rights, and the court may proceed with the divorce without their cooperation.
After you’ve filed for your divorce, the rest of the process will include gathering evidence and building a strong case with your divorce attorney. Your attorney will lead negotiations with your spouse or represent you in court when necessary to resolve your divorce matters.
Take The First Step Toward Your New Future
As experienced Minnesota divorce lawyers, we can assess your situation and provide you with specific information and advice tailored to your unique situation. Our predivorce preparation advice includes things such as whether to remain in the marital home, pay down debt, seek employment or go back to school. Contact our law firm today to discuss predivorce planning for your case by calling 612-568-5967 or filling out our online contact form.