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At Barna, Guzy & Steffen, we understand how overwhelming and emotionally draining divorce can be for all parties involved. The process is complicated and may take months before a divorce becomes final. That’s why we work hard to ensure that you understand the divorce process in Minnesota as well as the options available to you throughout that process.
Under Minnesota law, the process of divorce is known as a “dissolution of marriage.” The court dissolves or ends a marriage when the final papers or Judgment and Decree are entered into record. To get divorced in Minnesota, one of the spouses must have lived in the state for at least 180 days before starting the case.
Minnesota is considered a no-fault divorce state – meaning the plaintive does not need a reason to file for divorce as the court doesn’t consider “extraneous circumstances” as part of the final settlement. If you are going through a divorce, understanding your rights and legal obligations to your spouse is crucial. At BGS we tailor our approach to your unique situation and make your priorities our priorities. Because the divorce process can be emotionally taxing for all involved, including children, it’s often a good idea to bring in a knowledgeable advocate who can help you make sound, informed decisions.
Many questions can arise during the divorce process involving custody of the children, division of assets, spousal support (or alimony), threats of domestic violence, cost of divorce, and much more. Divorce varies by case and can become a long, drawn-out process if the parties disagree. When you schedule an initial consultation, we’ll go over potential fees and costs for a divorce. These include court fees, attorney’s fees, “service of process” costs, and more. These costs vary and fluctuate depending on each individual divorce.
All our divorce attorneys are fully licensed to practice law in the state and have more than 80 years of combined experience with Minnesota family law proceedings. Each member of our team is sensitive to the financial and personal challenges our clients face. We work effectively, accurately, and persistently to resolve legal issues in the best interests of our clients.
Under Minnesota law, there are two types of child custody – legal and physical. Legal custody involves decisions about a child’s education, health care, and religion. Physical custody is the right to make decisions about routine activities and where the children live. Parents can either have joint (shared) custody or one parent can have sole custody.A divorce begins with one party serving a Summons and Petition for Dissolution of Marriage on their spouse. The spouse then has a 30-day period to serve the Petitioner with an answer or a Counter Petition. Once the Petition has been filed, the case is assigned to a judge.
Child support is court-ordered payments
for the financial support of a child. Under Minnesota law, a child has the
right to be financially supported by both parents.
Minnesota law considers property a couple has accumulated during the marriage as marital property and subject to equitable division between spouses. However, spouses are not guaranteed a 50-50 split of all marital assets as the court will take several factors into consideration when rendering a final judgment.
Spousal maintenance in Minnesota is based on need. Unlike child support, there is no standard formula for calculating support for a spouse.
Attorney’s fees and legal costs in Minnesota are typically paid for by each party. However, there are exceptions for bad faith claims and on the basis of need.
Please call our offices to inquire about making an appointment to speak with an attorney. The knowledgeable staff will be able to answer your questions regarding the appointment and make sure that everyone is prepared for the initial consultation.
While some attorneys have free initial consultations, there are some areas of law that require a small fee for an initial consultation. You will be informed of any and all fees associated when you call to make an appointment.
Our attorneys offer highly sought-after professional services for which there is an associated fee. These fees will be discussed in your initial consultation.
Billing and payments are determined by individual attorneys who will discuss these issues with clients at their initial appointments.
Our attorneys and staff are professionals experienced in providing legal services with efficiency and the utmost of client confidentiality. Trust, dedication, and professionalism are essential to the success of any business relationship. We believe these characteristics are the essence of integrity, and we strive to nurture these values within our firm. Since our inception, the attorneys at Barna, Guzy & Steffen have been committed to providing comprehensive legal services within the framework of professional excellence.
Listen to your Miranda Rights.
Request to speak with an attorney in private. Your Miranda warning will be read to you by the arresting officer. It is very important that you pay attention to every word of these rights.
If you are placed under arrest, the officer has most likely completed an investigation leading to the belief that there was probable cause that you committed a crime. At this point, the officer has made their decision. Do not think that you could say or do anything to change the officer’s mind.
Do not resist arrest. Resisting arrest could subject you to further criminal charges if you go too far. Additionally, your attitude toward the arresting officer, if negative or volatile, will be presented as supporting a guilty verdict. In general, juries do not react favorably to a person who fights with police and will most likely see this is as evidence of guilt.
If convicted, the prosecution could use any negative conduct to support a harsher sentence. In short, displaying aggressive behavior toward police will only cause trouble. Even if you are scared, angry, or are experiencing high anxiety, you must maintain composure and politely request to speak to an attorney in private.
The law firm of Barna, Guzy & Steffen offers dedicated attorneys who effectively and efficiently handle your legal needs with the highest level of professionalism.