Divorce Lawyers in St Paul MN to Navigate Your Separation
Unfortunately, sharing your life with someone doesn’t always turn out the way you planned it would. Although you wed your sweetheart with an enthusiastic and optimistic eye toward the future, every relationship hits on tough times — and sometimes you have to make tough choices.
If you or your spouse has decided to legally separate, talking with Minnesota divorce attorneys may make your path forward easier. As you may know, a divorce occurs when a married couple takes legal steps to end their marriage. Often called a dissolution of marriage, the legal action terminates a marriage while both parties are still alive, divides assets, and determines child custody of minor children.
Rebecca Kaus of Kaus Law provides comprehensive legal support, advice, and advocacy in the complex and emotional field that includes divorce and family law matters in the Twin Cities.
St Paul Divorce Attorneys Will Apprise You of Your Options
In some situations, St Paul legal representatives may advise you that couples may be able to pursue a no-fault divorce. This is when you utilize the laws that state no one is at fault, which leads to unilateral divorce. This allows a person to sue their spouse and cite irreconcilable differences as the reason for seeking a divorce, meaning either partner is free to leave and pursue termination of the marriage.
Another option your Minnesota divorce and family law attorney may mention – one that is often used before a divorce is finalized or in place of one – is a legal separation. One party has to file paperwork with the court to begin legal action. Then, they make the necessary decisions concerning assets, children, and property, but the result would be legal separation. This means the couple is still married, but they assume no responsibility for each other.
A St Paul Divorce Lawyer Explains the Process
If you have questions about what happens during a divorce, consult St Paul, Minnesota, attorneys to clarify the process. The simple answer is the court, and sometimes the couple, decides how to divide everything, and then the marriage is terminated. The state of Minnesota assumes that each spouse is entitled to one half of marital property and is responsible for paying one-half of any debts. Each party is responsible for disclosing their assets and debts.
All property is marital unless proven otherwise. Things like bank accounts, stocks and bonds, and pensions are to be shared even if they “belong” to one spouse. The non-marital property consists of assets and real estate that is brought into the marriage, inherited, or given to one spouse. The court decides whether it will stay with that person rather than being divided. Courts try to rule fairly.
Sometimes, spousal support, or alimony, will be required. This depends on how long the couple was married, their age and health, and if the receiving spouse can earn an income. Alimony can be ordered to be paid for a limited time and reviewed if there is a significant change in circumstances for either party. Minnesota Divorce Lawyers can provide valuable information.
Choosing a St Paul MN Divorce Attorney
You are not required to hire a divorce attorney; you may represent yourself in court. That is called being a “pro se” litigant. However, if you have a complex matter that involves debt, property, assets, alimony, or children, it is best to seek the help of an experienced attorney. Just keep in mind the attorney can only represent one party.
If you and your spouse have no children or assets, you may want to pursue a Friendly Divorce or uncontested divorce. Since life is busy and divorces can be complicated and expensive, this may be the best option for a simple, no-fuss method for parting ways.
Look for an attorney who can help you and your spouse to amicably divorce. They should be able to prepare divorce documents that incorporate any agreements that you and your spouse have reached and guide you through the court proceedings in a smooth way without arguing or problems. It can be a more streamlined divorce process, which also means it may be more affordable since less time is required.
As an example: Let us say you and your spouse have two minor children and agree to shared custody. You then agree to each pay half of the credit card debt, sell the house you reside in and split the proceeds, and bypass alimony. Coming to this agreement could save you a great deal of time and aggravation, as well as potentially money.
However, even if you are facing a more complex divorce, the attorneys at Kaus Law are equipped to help you find the best possible solution. Take a look at our “About Us” page to learn more about our divorce and family law attorney in Minnesota.
Divorce Attorneys St Paul MN for Different Types of Divorces
Regardless of which type of divorce your situation warrants, you should consult Minnesota divorce attorneys at the beginning of the process. Most dissolutions can be divided into the categories of a Friendly Divorce and a Traditional one.
So, what is the difference between a Friendly Divorce versus a Traditional Divorce? Possibly the biggest difference is predictability, followed by money and time. Choosing a top divorce and family law lawyer in Minnesota who represents clients with a range of services is a wise investment.
Friendly Divorce in St Paul Minnesota
A Friendly Divorce in St Paul, Minnesota is predictable and has no surprises, while a traditional divorce is unpredictable and sometimes volatile. Friendly divorce is more efficient while a traditional divorce can take up to two years.
During a friendly divorce, you can be sure of the cost from the very beginning. Traditional divorce is often expensive, costing an average of $14,200 in Minnesota. At Kaus Law, we strive to make every divorce affordable by offering flat-fee and sliding scale payment plans.
St Paul MN Divorce Lawyers often recommend a Friendly Divorce if you want:
- Expeditious and prompt professional management of your case so you can get amicably divorced quickly and easily.
- A flat, reasonable rate because you agreed to how your divorce would go and how much it would cost from the very beginning.
- To use a financial professional or mediator.
You may consider a friendly divorce if you and your spouse agreed on all issues including assets, child custody, child support, debts, parenting time, and property. This method only works if you and your soon-to-be ex-spouse trust each other to work cooperatively while getting divorced.
Traditional Divorce and Family Law Matters in the Twin Cities
In some cases, you don’t have the option of pursuing a friendly divorce. You will need to obtain a traditional divorce in the Twin Cities if there are issues regarding domestic violence with your spouse, or if there is a Protection Order or Restraining Order against one of you. You will also need to go the traditional route if you do not have equal say in the relationship regarding decision making, there is little or no trust between you when it comes to children and finances, and you believe your spouse will not be honest concerning relevant information.
Further, you should get a traditional divorce if you or your spouse ever struggled with mental health or addiction issues, you feel you are unable to co-parent safely, you are not on speaking terms with your spouse, or discussions about settling the divorce lead to arguments.
Find a client-friendly divorce and family law Minnesota attorney to help you terminate your marriage and move on with your life. Hire a lawyer who fits your needs, so you can enjoy whatever the future holds. Contact us for a free 30-minute consultation.