Divorce

Hennepin County Divorce Attorney

Legal Assistance For Individuals Navigating The Divorce Process

When divorce seems like the only option for your failing marriage, it may leave you feeling lost, unsure of what your next steps are, and how to protect your assets, relationship with your children, and your rights. The divorce attorneys at Barbosa Law Group PLLC have the experience needed to get you through this and the compassion to understand how hard this process is going to be for you.

Don’t wait for divorce to be all but certain before speaking with a family law attorney. When things only seem to be getting worse, and you know your marriage is unsalvageable, call 612-887-9286.

Schedule a free consultation with an attorney who will give your case the personal attention it deserves.

What Should You Be Prepared For During the Divorce Process?

As you are likely already aware, the divorce process is rarely easy. Knowing what to expect can make the entire process less overwhelming for you and your family. From the very beginning, be prepared for a mix of legal, financial, and emotional decisions. This isn’t just about ending a marriage; it’s about building a secure foundation for your future.

Something you can do well before you even speak to an attorney is start the process of gathering your financial and other important documents. Start preparing for the property division process with the understanding that Minnesota courts use an equitable distribution method of fairly dividing assets. You can determine whether or not you will be asking for spousal maintenance, or how to defend against an unfair spousal maintenance order. If you and your spouse have children, start planning for child custody and child support arrangements.

Emotionally, the process is unpredictable, but the more planning you do, the more control you can maintain. Even when both spouses agree to divorce, disagreements can arise out of nowhere. Barbosa Law Group PLLC has spent over 25 years helping clients prepare for the trials and tribulations that come with divorce while staying focused on their goals. Having a strong legal representation can help you cut through the noise and protect what matters most.

The more you prepare now, the more confident you can feel throughout the process. Call 612-887-9286 to speak with a family law attorney who can help get you on the right track.

How Does Property Division Work in Minnesota?

As previously stated, Minnesota is an equitable distribution state. That means that marital property is divided fairly, but not always evenly. The court looks at a variety of factors to determine what’s fair.

The court will look at these factors in your marriage:

  • Length of the marriage
  • Each spouse’s income and earning capacity
  • Age and health of each spouse
  • Contributions to the marriage, including homemaking and child-rearing
  • Contributions to the acquisitions or appreciation of marital and non-marital property
  • The value of each spouse’s separate property
  • Each party’s financial needs and circumstances after the divorce
  • Custodial parent status if one spouse will have primary custody of the children
  • Whether one spouse sacrificed career opportunities for the benefit of the family
  • Any waste, concealment, or dissipation of marital assets

One of the first steps is identifying what qualifies as marital property versus non-marital property. Marital property includes most assets and debts acquired during the marriage. This can consist of homes, retirement accounts, investments, and even businesses. Non-marital property generally includes assets one spouse owned before the marriage, or certain gifts and inheritances received prior to or during the marriage.

This process often gets complicated, especially when property has been commingled or when one spouse owns a business. In those cases, having a good lawyer is critical. That comes with experience representing clients through some of the hardest legal matters they will face. Barbosa Law Group PLLC has the experience needed to get you through this process.

Are you unsure of how to plan for the division of marital assets, or what does and doesn’t count as a marital asset? Call 612-887-9286 to schedule a free consultation with an attorney who cares.

How Is Child Custody and Child Support Determined in Minnesota?

In Minnesota, decisions about custody and support aren’t made according to what the parents want; they are made based on the best interests of their child. That can be hard to plan around and may result in an outcome that doesn’t feel fair. With the right strategy and effective representation, it is possible to create an outcome that protects you, your child, and your relationship.

There are two types of child custody in Minnesota:

  • Legal custody: the right to make major decisions about the child’s upbringing, involving education, healthcare, and religion.
  • Physical custody: where the child lives and who cares for them on a day-to-day basis.

What Factors Are Considered in Determining Custody in Minnesota?

Courts consider several factors when determining custody, including:

  • The child’s needs and the stage of their development
  • Each parent’s ability to provide care
  • The existing relationship between each parent and their child
  • The child’s preference, depending on their maturity
  • Any history of domestic abuse or violence
  • The willingness of each parent to support the child’s relationship with the other parent

How Is Child Support Calculated in Minnesota?

As far as child support goes, Minnesota uses a statewide formula that takes into account both parents’ income, parenting time, childcare expenses, and health insurance costs. But even with guidelines in place, no two families are the same. There is room for nuance, and Barbosa Law Group PLLC works hard to make sure that your unique situation is fully represented.

Whether you are facing custody disputes or trying to understand what a fair support order looks like, call Barbosa Law Group PLLC to schedule a free consultation to help you move forward.

Does Every Divorce Case Go Through Court?

While every divorce must be legally finalized through the court system, not every divorce involves a courtroom battle. In fact, many couples can resolve their issues through negotiation or alternative dispute resolution, like mediation or collaborative divorce, before ever setting foot in front of a judge.

When both spouses are willing to cooperate, it is possible to reach a full settlement outside of court. That can even include decisions about property division, child custody, child support, and any other legal matters concerning your divorce. Once an agreement is reached, it is submitted to the court for approval and then entered as a final judgment.

Unfortunately, some cases do require litigation, usually when emotions run high or when one party refuses to enter the negotiation table. Whether you and your spouse can work things out together or you foresee a strenuous divorce battle ahead of you, getting legal assistance from an MN divorce attorney can help you avoid legal issues in the future. Contact Barbosa Law Group PLLC at 612-887-9286 for a consultation with a family attorney who has extensive experience helping families navigate this complicated process.

How Do Minnesota Divorce Courts Handle Spousal Maintenance?

Spousal maintenance, also called spousal support, is not automatic, meaning that if it is not brought up during divorce proceedings, it is unlikely it will be awarded. Maintenance is awarded based on need and fairness, not to punish or reward one spouse or the other. The court will look at whether one spouse needs support to maintain a reasonable standard of living and whether the other spouse can pay.

There is no set formula for determining spousal support, like there is for child support. Instead, judges weigh several factors, including:

  • The length of the marriage
  • The financial resources and needs of each spouse
  • Each person’s earning capacity and work history
  • The age and health of both parties
  • The standard of living established during the marriage
  • Contributions made by one spouse to the other spouse’s career or education
  • How long it would take for the recipient spouse to become self-supporting

This maintenance can be transitional or indefinite, depending on the involved circumstances. In a high-asset or long-term marriage, support often becomes a key point of negotiation or conflict.

Do You Need a Lawyer for Noncontested Divorce?

Even when you and your spouse agree on all of the important family law matters, each spouse should have their own attorney, someone who can protect their individual interests while still working toward an amicable resolution and addressing their legal needs.

Cooperating throughout the divorce process can resolve your divorce in a way that leaves you and your spouse feeling less stressed and more amicable and allows your marriage to end with everyone feeling heard. Instead of battling in court, both parties can resolve issues, like property division, child custody, and support, through negotiation. It is a great option for couples who want to avoid litigation and keep more control over the outcome.

Schedule a Free Consultation With Our Divorce Attorney in Hennepin County Today

But don’t confuse amicable with informality. There is a lot at stake, especially when significant assets or parenting decisions are involved. This is a legal process, and while your spouse may claim they haven’t spoken with a lawyer, can you fully believe they haven’t sought legal services?

Contact Barbosa Law Group PLLC at 612-887-9286 to speak with an experienced divorce attorney in Hennepin County who cares about the outcome of your divorce.</p>