Once you no longer believe that marital counseling might help save your marriage, its best to go ahead and hire your own Minnesota divorce attorney.

Even the most amicable divorces benefit from spouses having their own separate lawyers. Couples often need a bit of emotional distance from each other while those familiar with the intricacies of the law work out all of the precise details.

Whos Allowed to Obtain a Minnesota Divorce?

Both same-sex and heterosexual married couples can normally file for divorce in Minnesota. Same-sex couples were first granted the right to marry in this state back in 2013, prior to the U. S. Supreme Courts 2015 ruling that made same-sex marriage lawful all across America. However, Minnesota does require that at least one of the parties seeking a divorce here must have resided in Minnesota for at least 180 days before starting the divorce case.

Best Ways to Reach Agreements with Your Spouse Regarding Children and Property Interests

Your lawyer can advise you about the best way to create an acceptable agreement with your spouse regarding these important issues. However, its important to know that Minnesota family courts do provide divorcing couples with the opportunity to obtain an Early Neutral Evaluation (ENE) of their case.

There are two types of ENEs available. The Social ENE can help a couple settle child custody and visitation issue and the Financial ENE can provide useful guidance for dividing up all of your marital property and future interests. While ENEs can prove useful, when neither party has an attorney, the spouse earning the most money (or possibly making veiled threats to the other person) can still try to coerce certain agreements that your own lawyer would readily oppose on your behalf. Other couples choose to pursue alternative dispute resolution (ADR) services apart from the court. Yet these can prove problematic without obtaining sound legal advice.

Should your finances be a bit complex, your child custody preferences be hopelessly deadlocked — or if one party is feeling physically threated by the other its always wisest to hire an experienced lawyer to guide you through your divorce. Far too many people assume that divorce paperwork is fairly simple because theyre unaware of all of the detailed documents that must be prepared on a timely basis before various hearings. They also lack the ability to clearly organize their arguments and advocate effectively for themselves in front of a judge.

When Minnesota Law May Require You to Take Divorce Education Classes

Please be aware that if you and your spouse cannot readily agree on all custody and visitation issues, Minnesota Statute Section 518.157 requires you to complete a certified divorce education program. Its an important program since poorly handled divorces can create long-term emotional problems for your children. In some cases, the judge may also insist that your children take a class specifically designed for their age group. Your lawyer can tell you more about these courses and help you locate the ones most compatible with your schedule.

All Divorces Cost Money Fees You Should Know About

Assuming you hire the right lawyer, youll probably be asked for an initial retainer fee. This fee will not only cover the time your attorney knows must be spent preparing all of your initial court documents, it may also cover all of your earliest court fees. You must also cover all copying fees for the different documents that must be filed with the court and served on your spouse (or his/her lawyer). There are also process service fees (these are paid to someone who personally serves your spouse or his/her attorney with all necessary paperwork).

Since couples often change their minds and their requests during divorce proceedings your Minnesota family lawyer must always stand ready to file new paperwork with the court, as needed.

Basic Paperwork Filed Upon Your Behalf

• A Summons and Petition. This is the initial document that notifies the court that you want to begin the process of ending your marriage. A copy must be properly served upon your spouse or his/her attorney of record;
• The Answer. Whichever party did not initiate the divorce must file an answer to the other partys Summons and Petition. Both of these early filings must be properly drafted so that they will avoid prejudicing the court against you in any manner;
• Motions and Court Orders. Unfortunately, these can grow rather numerous, especially if your spouse decides to oppose you in different ways. This is why having a lawyer on your side can prove critical there will always be deadlines for responses and key arguments that must be made to avoid compromising your requests or needs.

The Final Decree Issued by the Minnesota Family Court

Once the court is satisfied that both parties interests and those of any children have been properly examined and handled, the court will issue your divorce decree. This documents formal name is Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree. Both you and your ex-spouse must abide by all terms referenced in this decree until it may be properly amended following later motions and hearings.

Minnesota Divorce Lawyers and Attorneys

Every good marriage is worth saving. However, if you and your spouse have made every reasonable effort you can to resolve your differences and nothing seems to help, your Minnesota family law attorney is available to discuss all of your options with you, including divorce. Call the office at612-424-0398.