Minneapolis Divorce Lawyer

iStock_000015629027XSmall-300x246Divorce is undoubtedly a confusing and complicated time. Emotions run high and there may be disagreements. There may also be custody and child support matters, spousal support, asset and debt division, and more.

If you need to file for divorce or your spouse has filed for divorce, an experienced Minneapolis divorce attorney can be an asset to your case. With the assistance of an attorney, you can obtain the best possible result. You will receive the advice that you need to make informed decisions that will have an impact on your case.

Guidance Through The Divorce Process

There are different types of divorce. They are: contested, uncontested, and collaborative. A contested divorce is just as it sounds- it is when the two parties cannot agree on everything. An uncontested divorce is when one spouse may not contest what the other spouse wants. In a collaborative divorce, the two may work out the terms of the divorce together in order to create an agreement. Regardless of the type of divorce, a mediator may be needed to help the parties come to agreements so the court does not have to make decisions for them.

If the divorce is contested, then there is an order to the process. The order is as follows:

  • Preliminary Case workup
  • Discovery
  • Settlement Discussions
  • Trial

Not every case sees each stage of the divorce process. As a matter of fact, most cases are settled before they can even go to trial. Some cases are not contested at all and that makes them very simple. Many cases are settled at mediation or as a part of another alternative dispute resolution (“ADR”) process. Nonetheless, some disputed matters can result in the case following the more traditional steps through the family court system.

The scope of a divorce proceeding may be limited if you have a prenuptial agreement in place.  Contact a prenup attorney at Gilbert Alden PLLC for more information on a prenuptial agreement to protect your rights.

Advocating For Your Interests

Each step of the divorce process has to be carried out correctly. For instance, the preliminary case workup involves a lot of questions and clients have to provide a lot of documentation, such as credit card statements, bank statements, property titles, and documents, and anything else regarding assets and income. Once the sufficient amount of information is received, the Petition for Dissolution of Marriage is drafted and the client then signs off on it. Once the petition is served, the documents are filed with the court so that a place on the docket can be secured. This is a process that takes approximately 30 days.

From here, your St. Paul and Minneapolis divorce lawyer will move forward with the discovery stage, which is where information is requested from the other side. This phase allows for income and asset information to be gathered from your spouse. Experts may also be involved in this phase to conduct a custody evaluation or any other evaluations that are needed during the discovery phase.

From there, settlement efforts are made. Most of the time, the couple reaches an agreement during the settlement phase and they do not have to go to trial. If the matter does have to go to trial, then a family court judge will decide for the couple and this means that both parties could be subject to the terms they did not want to begin with. Nonetheless, the help of an experienced divorce attorney can make a difference because being given the right guidance and information in a divorce case can have a positive influence on the outcome.

Even after a settlement is reached or a trial takes place, in many cases, outstanding issues exist alimony or spousal maintenance award.  Having proper counsel is critical in protecting your rights regarding such a support award.

Contact A Minneapolis Divorce Attorney

Divorce can be complicated or it can be simple, depending on the circumstances surrounding the matter. Regardless of how heavily contested the divorce is or how uncontested it is, it is important to have an experienced divorce attorney working with you every step of the way so the process moves as smooth as possible and so you are more likely to obtain the result in the matter that you need.  Please contact Gilbert Alden to speak with an alimony attorney/divorce attorney and schedule a free consultation.