Award-Winning Divorce Attorney In Minnesota
At Dwire Law Offices, in Lakeville, Minnesota, we believe that our divorce clients come to us to learn. While many divorce lawyers provide limited information prior to a retainer, we provide an in-depth initial interview at no charge.
Our first priority is making sure that you have the information necessary to make educated decisions about your divorce. To do that, you need to understand what the law says and what your rights are.
Listen To Your Divorce Lawyer, Not Your Friends
There are a lot of common misconceptions about divorce. When going through a divorce, it may seem that everyone around you is an amateur divorce lawyer. Friends and family will tell you about what happened in their divorces to try to help you in yours. However, it is vital that you hire a divorce attorney and refrain from listening to the advice of your friends.
We spend a lot of time with our clients explaining the divorce process on both a legal and practical level. As a result, our clients can make informed decisions, whether going through an uncontested divorce or a contested divorce. We also think our clients better understand the nuances of the decisions they make.
From temporary orders to post-divorce matters, such as enforcement of court orders, we handle all aspects of divorce. We can even tell you whether you can get an annulment or a separation agreement instead of a divorce.
Avoid A Long, Bitter Divorce Battle
We encourage our clients to use attorney-inclusive mediation to settle divorce issues such as:
- Child custody arrangements
- Visitation rights
- Alimony
- Division of marital property
Attorney-inclusive mediation allows you and your spouse to resolve divorce issues on terms that are mutually agreeable. Mediation puts you in charge of your own future instead of a judge.
As your divorce lawyer, Todd Dwire will help find common ground. He will propose financial and custody arrangements that are in your best interests. A costly, bitter and lengthy divorce battle is in no one’s best interest, so we strive to reach reasonable compromises.
However, if you feel strongly about your position and there is little room for compromise with your spouse, we are not afraid to take a position and go the distance. We have extensive experience in high-conflict divorce and complex, high-asset divorce cases. If you have divorce questions, we can provide you with answers. One important issue that you need to know is that your Facebook posts can impact your divorce.
What To Expect In A Minnesota Divorce
Navigating a divorce in Minnesota can be complex, but understanding the process can help alleviate some of the stress. Here’s an overview of what you can expect:
- Residency requirements: To file for divorce in Minnesota, at least one spouse must have lived in the state for a minimum of 180 days before filing.
- No-fault divorce: Minnesota is a no-fault divorce state, meaning you don’t need to prove wrongdoing by either party. The court only requires an “irretrievable breakdown” of the marriage.
- Filing the petition: The divorce process begins when one spouse files a Summons and Petition for Dissolution of Marriage with the court. The other spouse then has 30 days to respond after receiving these documents.
- Financial disclosure: Both parties must provide full disclosure of their assets, debts, income and expenses. This information is crucial for fair property division and determining spousal maintenance or child support.
- Temporary orders: During the divorce process, the court may issue temporary orders regarding child custody, support and use of marital property.
- Negotiation and settlement: Many divorces are resolved through negotiation or mediation. This approach often leads to more satisfactory outcomes and can be less costly than going to trial.
- Trial: If an agreement isn’t possible, the case will go to trial, where a judge will make decisions on unresolved issues.
- Final decree: Once all issues are settled, either through agreement or trial, the judge will sign the final divorce decree, legally ending the marriage.
- Post-divorce modifications: After the divorce is final, it’s possible to modify certain aspects like child custody or support if circumstances change significantly.
Throughout this process, having experienced legal counsel is invaluable. At Dwire Law Offices, we guide our clients through each step, ensuring they understand their rights and options, and working toward the most favorable outcome possible.
Do You Need A Lawyer To File For Divorce In Minnesota?
Getting a divorce without the help of an attorney is possible but may not be the best idea. Too much can go wrong without the advice of a lawyer.
In today’s digital age, all kinds of helpful information is at one’s fingertips. This may include how-to steps on obtaining a “do-it-yourself” divorce such as setting up the divorce decree, filing the paperwork and completing the process without the help of an attorney. The idea of ending a marriage this way may seem appealing. By bypassing hiring a lawyer or going to court, divorcing couples in Minnesota may think they’ll save money and time.
The main types of divorce that are most readily available involve collaborative law, mediation, litigation and do-it-yourself. Each of these options has advantages and disadvantages. However, the DIY divorce could cause the most setbacks. Divorces come with financial and emotional complications, and attempting the split without legal representation may result in errors that can’t be changed.
How An Attorney Can Help You Financially
Couples going through a divorce will have to consider dividing marital assets. Marital property is rarely as straightforward as the family home, vehicles and savings account. Assets accrued during a marriage, especially a long-term one, may be significant and complex. They often include the following:
- Retirement plans and pensions
- Vacation homes, rental property or other real estate
- Recreational vehicles, including boats, ATVs and campers
- Brokerage accounts and stock options
- Assets from a jointly owned family business
It is also important to consider that when the property is divided, gaining a particular asset may seem like a victory at first but might not be advantageous in the long run. For example, one spouse might not want to leave the family home and could be willing to part with other assets in order to keep the house, but the property tax may later prove to be too costly. Another aspect that divorcing couples often don’t consider is debt. Joint debt accrued during the marriage will usually be divided equally, which can be crippling to a spouse who earns less money. These issues can be easy to overlook in a do-it-yourself divorce.
How An Attorney Can Help You With Child Custody
Child custody is another divorce topic that can easily become contentious. It may be difficult for spouses to come to an agreement on their own about custody arrangements, child support and joint parenting plans.
If parents can’t agree, the court will make custody decisions based on the interests of the child, the financial standing of each parent, and their financial and home stability. It is usually best to avoid contention by settling a custody dispute outside the courtroom, which an attorney can help achieve.
A divorce can quickly become contentious even when both spouses approach the matter with the best intentions. While drawing up the paperwork and filing without the help of an attorney may sound good in theory, there is often too much potential for creating even more problems. An experienced Minnesota divorce attorney should be able to advise spouses on the best options for them.
Schedule Your Free Consultation Today
Find out what you need to know by contacting our law firm online or calling us at 952-232-0179. We offer free consultations from our office in Lakeville and can represent clients throughout Rice, Dakota and Scott counties.