Consult A Minnesota Family Lawyer If You Are Considering A Divorce In Minnesota

Like most people, you probably have no idea what the state law provides when it comes to obtaining a divorce

. You also likely do not know how the process works, the timeframes involved, or what options you have. As such, it is important to engage the services of a Minnesota family lawyer to ensure your rights are protected. There are many things your Minnesota family lawyer will advise you of during your very first consultation. First, you should know right from the start the attorney's fee structure. Does he charge a flat rate, or charge hourly? What is his hourly rate? What is his retainer and do fees get charged off of that retainer or are fees on top of that retainer? You should also find out ways that you can help keep your attorney's fees and costs down.

You will also want your Minnesota family lawyer to provide you with some understanding about family law in the state. For example, Minnesota is what is known as a no fault state. That means that the family law courts do not care what your spouse may have done to make you want to get a divorce, nor will your spouse be punished in the divorce for his infidelity or other acts that may have gotten you to divorce court. You may have a lot of emotions towards your spouse and may even want to air his dirty laundry in front of all to see what a horrible husband he was. However, none of this matters in the court's eyes. With this knowledge you can move on and proceed with the actual process of getting divorced, which really means the division of property and working out any child custody issues if there are children from the marriage.

Sometimes during marriage title to property may be taken in one spouse's name only. It never seems to be a matter of concern until you are seeking dissolution of your marriage and thus trust has almost certainly been lost between the couple. There is no need for alarm, however, as in Minnesota property that has been acquired and earned during the marriage is to be divided equally between the divorcing spouses. As your Minnesota family lawyer will tell you, if you can show that property with title held in only one spouse's name was earned or purchase during the marriage and not something that is considered his/her separate property, then you will be entitled to 50% of it. Separate property is property that was held by one person prior to the marriage, or was received during the marriage by one spouse as a gift or through an inheritance. Beware, however, that just as assets acquired during the marriage must be split 50-50, so much debts incurred during the marriage.

Your Minnesota family lawyer will be able to educate you on all the applicable aspects of the law that pertain to your situation. She will also be able to explain the process of filing for divorce, the potential for discovery, how long a typical divorce in Minnesota lasts from start to finish, and the end goal of resolving the matter through a settlement rather than going to trial. Most of all, you want to feel comfortable with your lawyer and know that she will serve your needs as you go through this painful and emotional process.

by: Sunil Punjabi

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