Edina Divorce Attorney
If you’re facing divorce, we can help. An Edina divorce lawyer with our firm can answer all of your questions and strategize with you, in an effort to maximize the outcome you receive as part of the dissolution process.
The custody of children is often the most contentious issue in a divorce. If the parties cannot agree, the court will be left to award sole physical custody to one parent, or joint physical custody to both parents. Prior to making the decision, the judge will take trial testimony from the parities, and their witnesses, and review a custody evaluator’s report. Custody is determined through an examination of the 13 “best interest” factors found in the relevant statute.
There are three types of child support under Minnesota law: basic support, medical support and child care support. The amount of support is determined by examining a number of factors, including the number of children, the gross income of each parent, the cost of insurance, cost of daycare, and the amount of parenting time enjoyed by each parent. Support is paid until a child “emancipates” by reaching 18 years of age, or graduating from high school, whichever is later.
The law provides that each spouse will receive an “equitable” share of the marital estate – almost always defined as “equal.” The marital estate involves any assets, or debts, acquired during the marriage, including real estate, businesses, bank accounts, investments and retirement assets. Our lawyers have represented many high net worth clients and often handle cases with complex property distribution issues.
Alimony (or spousal maintenance) involves monthly payments that one spouse makes to the other following a dissolution of their marriage. Alimony is awarded to assist a party who is unable to meet their ongoing monthly expenses – so long as the other party has the ability to pay. Maintenance may be temporary, or permanent, depending upon the length of the marriage.
There are two types of fee awards in a divorce case: (1) need-based; and (2) bad-faith awards. A need-based award is granted when one party cannot afford to pay their fees and costs, and the other side has the ability to contribute. A bad-faith award is granted when one party engages in conduct that is designed to unnecessarily prolong litigation, thereby increasing the fees and costs to the other side.
Contact an Edina Divorce Attorney
If you are going through a divorce, we understand you have many unanswered questions. We’re here to help. Call us at 763-323-6555 to schedule a free consultation. If more convenient, you may contact us through our free case evaluation form.