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Weddings are happy occasions meant to bind couples together for life. However, a large percentage of marriages in the U.S. end in divorce. It is an unfortunate reality that no couple wants to deal with but one that must be handled correctly so all parties can move on with their lives.
At Milavetz Law, we have helped many of our Minneapolis clients with their divorce proceedings. It is often a difficult but crucial time during which it is important to make solid plans that will serve as the foundation for the future of both parties and the children. Our team of family law attorneys will listen to your wants and needs and will help you make the decisions you feel are in your family’s best interests.
How to File for Divorce in Minnesota
Although each divorce is unique, they all have the same goal of essentially creating two households from one. Sometimes, accomplishing this is an uncomplicated process because neither party of the divorce decides to contest the divorce terms. However, many divorces require negotiations and judicial rulings to be finalized.
Regardless of the nature of your divorce, our attorneys will fight to get you the terms you need. You can count on our firm to handle your case discreetly and with the diligence necessary to protect your future.
Perhaps one of the most contentious divorce issues is custody. If you have children, the chances are high that you and your spouse may not agree on every detail regarding the children’s custody.
When deciding or approving child custody agreements, your judge will make every decision according to the child’s best interests. Therefore, it is crucial that your arrangement proposals do the same. This is why it is important to have an advocate on your side fighting for the provisions you feel are important.
To help settle custody issues early on, Minnesota created the Early Neutral Evaluation (ENE) for family court cases. It provides divorce mediation in Minneapolis and throughout the state. The social component of this process encourages parents to resolve their custody issues before going to trial and can effectively save time and money.
Besides the parents, grandparents also have custody rights in certain situations. When the parents are deceased, incarcerated, or one or both of the parents present a danger to the child, a grandparent can petition for custody.
Child Support Payments
Child support payment provisions are determined using calculations found in Minnesota state statutes. The money is to be used to cover three essential needs of a child:
- Basic support, including nutritional, housing, clothing, and transportation
- Medical support, including health and dental expenses
- Child care support, such as daycare when both parents are working or at school
Payments continue until the child is 18 years of age, or 20 if still in high school. If the child is incapable of caring for themselves by adulthood, the judge may order the payments to continue.
Division of Property
Your divorce will involve the division of all of the assets acquired during your marriage. It is a process that can be quite involved and heated, depending on the specific situation. Having a seasoned divorce attorney to negotiate on your behalf can be instrumental in getting what you deserve.
Spousal Maintenance Order
Spousal support (alimony) is not automatic in Minnesota. As such, you will have to present a case for spousal support or defend against one if one is presented to you. We understand how important your finances will be for your new life, so we fight hard to get you favorable spousal maintenance terms.
Divorce agreements can be modified when significant changes occur, such as a substantial change in one spouse’s financial situation or a change in the marital status of one of the spouses.
Whatever the reason for the requested modification, it is important to have well-thought-out terms ready to replace the old ones or well-reasoned arguments against changes you may not agree with. Our attorneys are among the best divorce lawyers in Minneapolis and can help.
Frequently Asked Questions
Divorces and Minnesota divorce laws can be confusing. It is natural to have questions, and we are happy to answer any you might have. Below are a few frequently asked questions on how to file for divorce in Minnesota, which may give some preliminary answers you seek.
How much does a divorce lawyer cost in Minnesota?
The cost of a divorce attorney in Minnesota depends on the divorce’s complexity. The experience of the attorney handling the case plays a factor as well. If the divorce is simple and uncontested, you won’t have to go through mediation or trial and can expect to pay far less than a contested divorce.
How much does it cost to file for divorce in Minnesota?
The cost of filing for a divorce in Minnesota depends on your county. The minimum cost per statute is $315, and counties may add other fees on top. If you have limited financial resources, you may qualify for a fee waiver, which requires your income to be at or below 125% of the federal poverty level.
How much does an uncontested divorce cost in Minnesota?
Uncontested divorces are the most inexpensive type of divorce. On average, uncontested divorces cost around $4,100. If you are not using the services of a lawyer, then you won’t have to worry about paying the lawyer’s fees. However, you may risk losing the resources you are entitled to.
What are the divorce laws in Minnesota?
Minnesota is a no-fault divorce state. This means that either party may file for divorce without proving the other party did something wrong. The court must only find that the marriage is irretrievably broken.
To qualify for a divorce within Minnesota, Minnesota divorce laws require that one or both of the spouses must be living within the state for at least 180 days before filing the paperwork.
How long does the divorce process take in Minnesota?
Divorce processing times vary from county to county. Also, no two cases are alike, and they follow their unique trajectories. Additionally, the more disagreements between you and your spouse on divorce terms, the longer everything will likely take.
Can my spouse and I decide to waive child support?
You and your spouse may decide to reserve the right for or against child support. However, the judge will make the final determination as to whether child support will be paid or not and by whom. As stated, the judge will make decisions based on the child’s best interests.
If you have any more questions on how to file for divorce in Minnesota, then feel free to reach out to our office. We take pride in providing current and potential clients with the information they need to understand the process as they go through it.
We Can Help You Through This Difficult Time
As bad as a divorce might seem, it does come to an end and creates a new beginning. Milavetz Law divorce attorneys can help you make it through the proceedings with peace of mind that your needs are being represented. Let us fight for what you need to start your new life. Contact Milavetz Law today.
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Minneapolis Office Location
305 North 5th Avenue, Suite 300
Minneapolis, MN 55401