Divorce
The end of a marriage is a significant life-changing event. The legal ramifications of divorce may feel less important than the personal turmoil you experience during the dissolution process, the legal consequences of your divorce will linger long after your divorce is finalized.
You want to start and finish your divorce on the right foot. Our office has assisted client’s through the divorce process for more than thirty (30) years. We represent both husbands and wives. Whether your divorce involves significant assets such as a family farm or business, or your assets are more straightforward, we can tailor a plan to ensure your best interests are maintained.
Retaining an attorney to assist you with your divorce does not mean you want conflict. To the contrary, having representation is the best way to reach a cooperative and cost-effective resolution. We can assist you and your spouse to reach a fair and reasonable agreement. Our attorneys are trained and experienced in negotiation, mediation, and other alternative dispute resolution processes. We are often able to assist clients in resolving their divorce before entering the courtroom.
That said, when conflict is inevitable, having representation is essential. Our attorneys are known for their skillful trial advocacy, and routinely try cases throughout Southern Minnesota. When it comes to litigation, we institute a comprehensive case plan for our clients, which puts them in a position to succeed. While the outcome of your case is never guaranteed, we pride ourselves on the positive outcomes achieved by our clients.
The following are important considerations regarding the status of law:
- In Minnesota, all property acquired during the marriage is presumed to be marital, meaning it is equally owned by the parties. This includes real estate, retirement accounts, vehicles, and other property, regardless of whom is the named or registered owner. Similarly, debts incurred during the marriage are presumed to be martial, regardless of which party is named as the debtor. There are exceptions to these presumptions. Accordingly, it is essential that you discuss all assets and debts owned by you and your spouse with an attorney to ensure your property is divided fairly.
- The Court is tasked with making an equitable division of the marital estate, including the allocation of debts. Equitable does not necessary mean equal.
- Generally, the court order terminating the marriage is non-modifiable as to the division of assets and debts. Unless a mutual mistake is made by both parties, or mistake by one party due the fraud of the other, the parties are bound by the terms of their final divorce decree. Consequently, it is important to work with an attorney during your divorce to get it done right the first time.