How a Divorce Lawyer in Minnetonka Can Be Helpful in Your Case

Those seeking a divorce anywhere in Minnesota, including Minnetonka, may be able to finalize it without hiring a divorce lawyer in Minnetonka.

However, it is recommended to seek representation from an able divorce attorney since the legal process is often convoluted and emotionally-taxing.

An experienced divorce lawyer in Minnetonka can ensure that your rights and interests are protected while providing you with sound legal counsel. If you’re worried about the expenses, know that whether you’re considering Minnetonka divorce lawyer cost or divorce attorney Buffalo cost, it’s going to be worth every penny.

Here are a few ways in which a divorce lawyer in Minnetonka can be helpful in your case.

Minnesota Divorce Statistics

Experts estimate that 50% of US marriages end in divorce. But what is the divorce rate in Minnesota? Here are a few facts you should know:

  • In 2018, Minnesota’s divorce rate was 7.1 per 1,000 women.
  • In 2008, Minnesota’s divorce rate was 9.1 per 1,000 women.
  • Today, an estimated 10% of Minnesota marriages end in divorce.
  • Minnesota’s current divorce rate is lower than the average divorce rate per state, which is 11.42%.

If you’re seeking a divorce in Minnetonka, MN, you clearly aren’t alone. We’re here to lend you a hand in understanding Minnesota divorce laws and how an experienced divorce attorney can help.

What Is Divorce in Minnetonka?

In Minnesota, divorce is also known as dissolution of marriage. As long as you have lived within state lines for six months, you can file for divorce in Minnesota.

Dissolution of marriage is different from separation and annulment.

Couples seek a legal separation when they want to live apart for a time before getting divorced officially. However, legal separation takes care of issues like who will take care of the kids during the separation period.

Annulment essentially wipes away a marriage as if it never existed. If two spouses never consummated the marriage or one partner was under the legal age of consent, a Minnesota will grant an annulment.

Minnesota’s dissolution of marriage law is no-fault. The only thing you need to prove to a court to file for divorce is that you and your partner have experienced an “irretrievable breakdown” of the partnership.

Another implication of Minnesota’s no-fault law is that only one partner has to want a divorce to file. Both parties do not have to agree for a court to grant the dissolution of marriage.

How Much Does a Divorce Cost in Minnesota?

Divorce isn’t cheap, and getting a dissolution of marriage in Minnesota is no exception. You and your spouse will each have to pay $400 just to file for divorce. Then, you must consider court fees, custody evaluation fees, and more.

You’ll also have to hire a divorce lawyer. Divorce lawyers usually charge by the hour or with a flat fee. The average Minnesota divorce and family lawyer charges $232 per hour, so attorney fees are often the most significant cost when it comes to divorces.

Of course, you have the right to represent yourself during a divorce. However, the court will expect you to know the legal requirements for arguing a case in court. For that reason and the ones we’re talking about next, we don’t recommend representing yourself during your divorce.

When to Hire a Minnetonka Divorce Attorney to Oversee Your Case

As we mentioned, you have the right not to hire a lawyer during your divorce. But there are some cases when self-representation isn’t a good idea.

Your Spouse Lawyered Up

If your spouse has a lawyer, representing yourself means you’ll be going head to head with an expert in legal matters. Even if you do have some knowledge of the law, a good divorce attorney will have years of experience specifically dealing with divorce.

You don’t want to end up arguing against someone who’s way out of your league when it comes to the law. So, hire your own divorce attorney to fight for your rights.

You Have Marital Assets

Do you and your spouse have joint retirement funds? Do you own a home together? If so, these assets are significant enough to make your divorce proceedings more complex.

Plus, if your spouse doesn’t want to compromise with you, you risk losing out on your shared property. Instead of taking the risk, it’s better to contact a Minnetonka divorce lawyer ASAP.

You Have Marital Debts

Just like you don’t want to end up losing ownership of your assets, you don’t want to end up with more than your fair share of marital debt. Marital debt refers to the debts you and/or your spouse incurred during the marriage.

It can be difficult to prove who accumulated what during the marriage. A good divorce attorney can help ensure you pay for your debts and your spouse pays for his or her debt.

You Have Children

Child custody agreements are often the most critical part of a Minnesota divorce. There’s a lot at stake but, if you and your partner can compromise on the terms, you can keep your custody battle out of court.

If you and your partner can compromise on the terms of the custody agreement, you may not need a divorce attorney. But if your child custody battle goes to court, calling a local divorce lawyer is in your and your child’s best interest.

You Are Seeking Alimony in Minnetonka

Does your partner make more money than you? Do you bring in more income than your spouse? If the answer to either of these questions is yes, your divorce will likely also involve an agreement about alimony (also called spousal maintenance in Minnesota).

Whether you have a prenuptial agreement or not, a divorce attorney who also specializes in alimony can help you secure the support you and your children need.

1. They Will Leverage Their Knowledge of Divorce Law

A reputed attorney will have sound working knowledge of your state’s family laws as well as the amendments made to them. Accordingly, they will be well-positioned to help you with your legal proceedings.

Because family law varies from state to state, it is important to hire a local lawyer who is aware of the differences. This knowledge will help them keep your case on track.

An attorney is also proficient with court processes and proceedings and will know exactly how to steer your case to make it as stress-free for you as possible.

2. You Need Not Fear Your Violent Spouse

If your case involves a history of domestic abuse and violence, and you fear that your spouse will abuse you or your children or retaliate towards the divorce filing in any way, you should definitely work with a seasoned divorce lawyer in Minnetonka. Your lawyer will not only protect your best interests but also acts as a buffer zone between you and your violent spouse.

Your divorce attorney can also help by obtaining an order of protection for you and your children, if necessary.

3. They Will Ensure Proper Division of Assets

One of the most critical and complex aspects of a divorce case is the division of property, assets, and estate, and so on. The fact is, different states have different laws for dealing with these matters. In Minnesota, for instance, all marital property is divided equally between both spouses, whereas the non-marital property may not be divided with the spouse.

Accordingly, your divorce lawyer in Minnetonka will ensure that you get the best deal from the divorce. They may also help you take advantage of legal loopholes that might enable you to receive the bigger share of the property/assets if you deserve it. Further, they will help turn the negotiations into binding legal agreements.

4. They Will Help You with Objective Decision-Making

Divorces involve several factors, such as division of assets, child custody, and support, among others. Further, if you’re going through a contested divorce, things can be even more stressful and complex. It may be hard for you to make objective decisions in an emotionally-charged atmosphere. Your divorce lawyer in Minnetonka can be extremely helpful here.

More often than not, emotionally-charged disputes drag on for years, which makes things worse as both spouses continue to develop bitterness towards each other. Amidst all the emotional upheaval, your divorce lawyer in Minnetonka will help maintain the focus on the main points of the divorce. They will enable you and your spouse to decide on matters related to your children and property in a rational and peaceful manner.

5. You Will Understand Your Options Better

More often than not, a divorce is hard on both spouses and this may make it difficult for them to finalize the separation in a civil manner. As a result, the case may go to court, which can be a time-consuming, expensive, and sometimes embarrassing, ordeal.

However, your experienced divorce lawyer in Minnetonka may be able to navigate you through another route to finalize your divorce. This alternate method may allow you and your spouse to skip the exhausting courtroom trials. Instead, you both can negotiate calmly outside the courtroom with the help of your attorney.

6. They Will Act as Mediator

Taking a cue from the above point, many couples tend to harbor negative feelings for each other throughout the divorce proceedings. With the help of a divorce lawyer in Minnetonka, you may be able to find a more harmonious way out, i.e. through mediation. Your lawyer will be able to channel your emotions by acting as a mediator and facilitate peaceful negotiations between you and your spouse.

7. They Will Manage the Complex Paperwork

Like most legal processes, divorce cases involve a lot of documentation. From the marriage certificate to property papers, everything needs to be filed properly and in time. On top of that, there are legal documents to be dealt with. It is easy for an inexperienced person to get lost in this maze of paperwork.

Your divorce lawyer in Minnetonka will help by taking care of all the legal documentation, and interpreting jargon, when necessary. You will be able to understand the process better and, therefore, go through your divorce proceedings with ease.

Conclusion

Enduring the divorce process without the help of a skilled lawyer can be challenging. Your divorce lawyer in Minnetonka will be able to provide you with not just timely legal help, but also a strong shoulder to lean on. They will know the divorce laws applicable to your case, as well as your entitlements. Depending on your case facts, they will put up a formidable fight to protect your interests and win you a positive outcome. By hiring a reliable divorce lawyer in Minnetonka, you can ensure that your side of the story is heard by the law, and your rights are strongly protected.

Consult Our Accomplished Divorce Lawyer in Minnetonka

The team of divorce lawyers at Carlson & Jones, P.A. are experienced in representing clients in legal separations. Whether it is a contested or an uncontested divorce, or even an annulment, we can help. Leveraging our expertise will enable you to receive fair settlements and support. Call us at (855) 976-2444 or contact us through our online form to schedule a free consultation.

Original article published on February 22, 2021 and updated on November 18, 2021 .

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