If you are facing a family law situation, you are most likely feeling high levels of stress and intense emotions. This is understandable, as these cases involve close individuals within a family unit. These can be some of the most complicated legal scenarios, and you deserve the support and guidance of a highly skilled Elk River family lawyer for guidance and legal advocacy.
At Trek & Trust Law, our attorneys approach your case with compassion for you and your situation. We work hard to assert your rights and advance your interests. We understand the difficulty that often accompanies these cases. Whether you are facing a divorce, dealing with a child custody battle, or seeking a post-decree modification, we are here to represent you.
Family Law Cases We Handle
At Trek & Trust Law, you can count on our team to deliver quality counsel and compassionate representation when assisting you in all matters regarding family law. We have the experience and resources necessary to offer you a personalized strategy, no matter what your family law case might entail. Whether you are in the throes of a highly contentious divorce or fighting for monetary support for a minor child, we offer experienced support and counsel.
Divorce
Going through a divorce can be one of the most stressful and emotional times in an individual’s life. At Trek & Trust Law, we understand this, which is why our team can be with you to support your interests during your divorce proceedings. Whatever your divorce entails, we can explain the details and legal aspects of your case in language you can understand. Our firm can also handle the paperwork your case will require.
From creating a case strategy to fighting for your rights in litigation, the team at Trek & Trust Law is here for you. In Minnesota, there are two main types of divorce an individual might face. These include:
- Contested Divorce: This form of divorce can occur when the couple cannot agree on certain aspects of their divorce, such as child custody or property division. In these cases, an attorney can advocate for your rights as a parent and individual, working to uphold your interests throughout the proceedings.
- Uncontested Divorce: In these cases, the couple can come to an agreement regarding the aspects of their divorce. However, having a legal advocate on your side during these times can still prove wise in case amiability is no longer an option.
Division of Property
Minnesota operates as an equitable distribution state, meaning that all assets and debts which were obtained throughout the marriage are considered to be shared, marital property. It is important, however, to keep in mind that equitable does not necessarily mean there will be an even 50/50 split of all assets or debt. Instead, the courts will try to divide these assets and debts in a way that allows both parties to maintain a stable quality of life following the divorce.
The one exception to this rule includes gifts or inheritances that were given to one party during the marriage. These will not be subjected to a division of property in a divorce. When preparing for a division of property, it is wise to:
- Inventory all your assets and liabilities.
- Assign values to your physical assets, such as furniture pieces or collections.
- Work with an attorney to determine which assets will be involved in the property division process.
Child Custody and Support
Another common aspect of family law is child custody or support. These can be highly complicated cases, and it is wise to only approach them with the assistance of an attorney. There are two main types of custody in Minnesota: physical custody and legal custody. Legal custody enables the parent to make decisions regarding their children’s lives, such as their education, medical, or religious choices.
Physical custody refers to where the child will be residing. In many cases, the parents will share some form of joint legal and physical custody. However, in other situations, one parent may be awarded sole custody over the other.
FAQs
It can be difficult to estimate how much a family lawyer might charge for their services in Minnesota, as each case is different, and so is the way in which an attorney will structure their fees. However, many common factors will influence the cost of these cases, including the overall duration and complexity of a family law case and your attorney’s experience.
Minnesota operates as a no-fault state, so you only have to cite irreconcilable differences to obtain a divorce. In other states, individuals may need to prove a specific reason to file for divorce, such as insanity or adultery. However, in Minnesota, no such grounds are needed. Nevertheless, if these grounds do exist, you can cite them when you go to file.
Hiring a family lawyer in Minnesota can be a wise decision, especially when facing highly contentious cases, such as divorces or child custody battles. An attorney can educate you on your rights, help you file necessary forms of paperwork by their given deadlines, and work to negotiate with the other involved parties in your case.
In child custody cases, when the parents cannot agree on the custody issue themselves, it will be up to a judge to make this determination for them. The judge will use what they believe is in the interests of the child to make their decision. The interests of the child include their needs, their age, their reasonable preference, and whether there is any domestic violence history on the part of the parents.
Speak With a Trusted Family Law Attorney Today
At Trek & Trust Law, we understand how important your loved ones are to you. Facing divorce or other family law issues can be frightening and intimidating. It is essential that you hire a professional who can fight for your rights and protect them during your case. Contact the offices of Trek & Trust Law today to schedule a consultation.