Anyone considering divorce is sure to have many questions. Where will I live? What will happen with the kids? Will I be able to manage on my income? How does this process work? You can be sure we understand the anxiety that often accompanies divorce, and we’re here to help guide you.
Your Minnesota divorce case may involve any of the following issues:
- Child custody
- Parenting time (visitation)
- Child support
- Allocation of real estate
- Division of debts and liabilities
- Distribution of personal property and vehicles
- Physical, emotional, or verbal abuse
- Chemical dependency or drug abuse
- Appraisals of real property, including farmland or commercial buildings
- Business valuation
- Forensic accounting
- Non-marital property determinations, including tracing
- High net worth asset division
- Social security and retirement planning
- Spousal maintenance
- Division of tax-deferred accounts, including traditional pension plans
To obtain a marital dissolution in Minnesota, the party seeking divorce must be a resident for six months before filing the case. Minnesota does not recognize fault grounds for divorce. A spouse may obtain a legal dissolution based on “irretrievable breakdown” of the marital relationship.
When it comes to custody and parenting time, Minnesota recognizes a strong public policy that significant time with both parents is in a child’s best interests. There is a statutory presumption that a parent should be entitled to at least 25% of the time with his or her child. Courts recognize the importance of both moms and dads in a child’s life, no matter that child’s age. At PLM, we do too.
Property division issues in Minnesota divorces can be complex. All property obtained during a marriage is presumed to be marital (thus, subject to a fair division in the divorce.) However, Minnesota does recognize non-marital property: assets acquired before the marriage or by gift or inheritance to only one spouse during the marriage. In a Minnesota divorce, each spouse is generally allowed to keep his or her non-marital property. For many couples, non-marital property can change form during the marital relationship. It is important to work with an attorney who understands the requirements of tracing non-marital property to protect your interest in those assets.
PLM’s philosophy and mission is to help our clients resolve their own divorce cases, outside the courtroom, in a negotiated setting, whenever possible. We believe our clients are best-served to maintain control over their own lives and not leave these monumental decisions to the Court. However, if a hearing or trial is necessary, with PLM, you can rest assured we have dedicated ourselves to providing skilled advocacy in the courtroom for over 32 years. We are determined, skilled, and organized attorneys who will look out for your best interests at every turn.