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Divorce Information

Twin Cities Divorce Lawyer

Divorce is a highly emotional and personal affair. When you're inviting an attorney into your most intimate and private matters, you need someone you can count on, who has experience you can trust.

Come to the law firm of Stacy K. Morgan, P.A., in Hastings, Minnesota. We provide skilled legal representation for all of your family law concerns. When you come to our firm, you will receive individual attention and a lawyer who takes the time to listen to your concerns and learn about your goals, rather than simply trying to shuffle you through in a cookie-cutter approach.

To learn more about divorce, please read the content below. To speak with an experienced divorce attorney about your unique situation, though, call the law firm of Stacy K. Morgan, P.A. at (651) 209-1999 or contact us online.

 

Divorce Overview - The Basics

Contemplating divorce is difficult. Whether or not you are sure you want to end your marriage, it helps to learn the basics of divorce law. Should you conclude that divorce is necessary, it is important to seek the assistance of an experienced family law attorney.

Grounds for Divorce

A divorce is a judicial decree by which a valid marriage is dissolved. From a legal standpoint, the divorce process will divide the couple’s assets and debts; determine the future care and custody of their children; and give each person the legal right to marry someone else.

Every state has some form of "no-fault divorce," but the laws vary a great deal from state to state. Generally, a divorce will be granted if one spouse states that the marriage has irretrievably broken down or the couple has irreconcilable differences. (Other residency and filing requirements must also be met.) This is different from the past, when only "fault divorces" were available. In a fault divorce, one spouse must allege a martial wrong like adultery or abuse in order to receive a divorce.

In some states, both fault and no-fault divorces are available. An experienced family law attorney can help you determine whether and how to pursue divorce.

Resolving Issues During Divorce

Before a divorce may be granted, five basic issues typically must be resolved. They are:

  • Alimony/spousal support
  • Property and debt division
  • Child custody
  • Visitation/parenting time
  • Child support

If the spouses can reach agreement on these issues, then the divorce is uncontested. If, however, the spouses cannot agree, the divorce is contested. The spouses may go to trial to resolve the issues. This usually means that a family court judge will make the final decisions. Alternatives to going to court include mediation, arbitration and collaborative divorce. Some courts may even order the spouses to attempt to resolve their differences through alternative dispute resolution:

  • Mediation. Mediation is an alternative to litigation that can be less expensive and less stressful for divorcing couples and their children. In the mediation process, the couple works with a trained mediator to reach agreement on contested issues.
  • Arbitration. Arbitration is more like court than mediation, but it can still be quicker and less expensive. Instead of using a judge to decide the outcome, the parties agree to use an arbitrator. Each spouse will have a separate attorney who will represent each spouse’s interests.
  • Collaborative Divorce. Collaborative law is a relatively new divorce process that requires an up-front commitment to resolving disputes by negotiation, compromise and agreement. If either side decides to go to court, both attorneys are disqualified from representing their clients in the courtroom. The spouses find new attorneys and go to court.

Alimony, Spousal Support and Maintenance

Alimony (also called spousal support or maintenance) is financial support that one spouse pays to another. The alimony can come in a lump sum, over a limited period of time or indefinitely. Because the laws vary from state to state, it is best to consult an attorney with questions about alimony. Factors that the court may consider in determining alimony include the length of the marriage and the ability of each spouse to earn a living.

Division of Property in Non-Community Property States

Courts in states that use the non-community property system typically make an equitable division of property between the divorcing spouses. Equitable means fair, rather than necessarily equal. The court makes the decision based on the circumstances of the divorce, the non-financial contributions to the marriage of each spouse and missed academic or career opportunities.

Conclusion

Making the decision to end a marriage is difficult. Even so, it is in your best interest to approach the divorce process from a rational, businesslike perspective. Working with an experienced family law attorney will help you get through the process and begin your new life.

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More than 1 million children experience divorce each year in the US. If you have questions about child custody and visitation, contact our firm to schedule a consultation with an experienced family law attorney.

Experts suggest that nearly 40 percent of the current generation of children will experience the divorce of their parents. Please contact our firm today to schedule a consultation with a child custody attorney who will provide a clear explanation of your legal rights and options.

The timely, cost-effective resolution of child custody and visitation conflicts calls for an attorney who is experienced in handling family law matters. Contact our firm today to schedule a consultation and case evaluation with an attorney.

When you are faced with child custody and visitation issues, an attorney who has regularly advised and represented clients in family law matters can help you to achieve a cost-effective and timely resolution. To learn more about our legal services, contact our firm to schedule a consultation and case evaluation.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.