Family Law FAQs - Answers from Minnesota Defense Attorneys, Allen & Heim

Divorce

Should I Retain A Lawyer To Represent Me?

Hiring Allen & Heim to represent you in your family law case will do several things for you. First, because we are removed from the turmoil of your situation, we can offer objective and candid advice about your case. We’ll give you the good and the bad, without drawing on emotion.

Second, Allen & Heim can offer you a host of resources to assist in family law matters that you wouldn’t normally consider. Our practice maintains ongoing relationships with respected personnel in the areas of real estate, accounting, taxation, custody evaluations, retirement and business valuations, and private investigators.  We have the resources and connections to make sure that you are represented well.

Third, and most importantly, Allen & Heim will level the playing field for you.  Our practice is established and well-respected all across Southeast Minnesota.  We know the law, and will advocate strongly for your interests using our legal expertise, resources, and experience in family law matters.

My Divorce Case Is Uncontested. Do I Need An Attorney?

Even if your matter appears uncontested, you should at least consult with an attorney. Allen & Heim has the pleasure of speaking with potential clients regularly. We often visit with potential clients who have already received an offer to settle their case from other lawyers. Quite often, we find the proposed agreements are one-sided – and not in favor of the unrepresented party.  Divorces are always a serious matter, and consulting with Allen & Heim can help to ensure that your interests are protected.

Does Allen & Heim Take An Aggressive Approach?

Allen & Heim is as aggressive as we need to be to represent your interests.  Sometimes an aggressive approach is necessary.  Other times a more collaborative approach is the best path forward.  Your interests will always be first and foremost for us.  At Allen & Heim, our goal is not to take the most expensive approach to your case, because oftentimes such a path is not needed.  Sometimes, all that is needed is to contact the other side and see if they’re willing to talk about resolving the case.  But at Allen & Heim, you--as the client--always guide our efforts.  Our goal is to get you the best result possible and ensure that your rights are protected.  If the other attorneys want to make the case difficult, we have the tools and experience necessary to deal with it appropriately and, yes, aggressively.

How Much Will My Divorce Cost?

The costs associated with a divorce vary greatly. Allen & Heim frequently assists clients with cases that are uncontested for less than $2,000. The total cost of your case will depend upon a number of factors, including:

• The issues in controversy;
• The county in which your case is brought;
• The judge assigned to your case;
• The experts that may be involved in your case;
• The temperment of the opposing attorney;
• Your willingness to settle the case; and
• Your spouse's willingness to settle the case.

It is impossible to know in advance how any particular case will play itself out and, therefore, how much it will cost. The more willing the parties are to compromise and be flexible, the less expensive the case will be.

At Allen & Heim, our goal is not to rack up a huge legal bill for our clients.  That would be a violation of our ethical duty to always keep our client's best interests first and foremost.  Rather, our goal is to resolve a case with the minimum of expense while also advocating for the best result as the ultimate goal.

How Long Until My Divorce Is Concluded?

Cases that are uncontested can usually be wrapped up within two or three months. If your case involves contested issues, it often takes a year or longer for Allen & Heim to negotiate a settlement or try the case. You should be prepared to deal with your case for at least 12 months, unless you agree on everything with your spouse. 

Can You Explain the Meaning of “No-Fault” Divorce?

In Minnesota, the divorce courts are not concerned about who causes a marriage to break up-whose "fault" it is. Rather, they simply acknowledge that one of the parties wants to get a divorce and deal with the consequences. While you may be rightfully angry about the way in which your spouse acted or treated you, the court's main focus isn't the infidelity, addiction or abuse – unless children are impacted by behaviors, in which case it will look to the child's "best interests."

What If My House Or Car Is Titled In My Spouse’s Name?

As a general rule, it does not matter who holds title to a piece of property. Rather, the nature and timing of the property acquisition is what matters. Property purchased or paid for during a marriage will have a marital component subject to division (usually 50/50) among the parties. The exception to this rule involves non-marital property. Non-marital property is property that is acquired by one spouse, alone, as a gift or inheritance, during the marriage, or property they brought into the marriage.

Does Your Firm Help With Uncontested Divorce?

If you and your spouse agree on things, Allen & Heim can bring your action to close quickly, efficiently, and inexpensively. Allen & Heim can assist with the drafting of all of the specialized documents necessary to present your case to the court and finalize your divorce. Unfortunately, we’ve seen many parties who represent themselves turned away by the court for a failure to properly draft and submit their written pleadings, which can prolong things substantially. We’ll make sure matters are handled correctly the first time and that your rights are protected along the way.

Should I File With The Court Before My Spouse?

There are really only two advantages to filing before your spouse. First, as the Petitioner, you can choose which county to file in if your spouse lives in a different county. Certain counties have certain advantages. Second, if your case goes to trial, the Petitioner always presents their evidence first. However, generally the court will not favor one party just because he or she filed before the other.

What Can I Do To Stop My Spouse From Divorcing Me?

If you don’t want a divorce, but your spouse does, an evidentiary hearing can be held to determine whether the marriage is “irretrievably broken.” However, it is quite unusual for the court to deny one party’s request to dissolve the marriage.  The general rule is that if one spouse wants a divorce, and persists in that desire, the marriage will likely end through a divorce.  Having Allen & Heim to represent you will ensure that your rights are preserved during the process.

What Happens If My Spouse Conceals Assets From Me?

At Allen & Heim we have a number of tools at our disposal to uncover assets and income. A party who tries to hide assets will not be looked upon favorably by the court. If property is uncovered after the divorce is finalized, the court retains the ability to re-open the case and dispose of the property in an equitable manner.

Will I Have To Testify in Court?

Hopefully not. Testifying in court is never a fun thing and we understand that. However, only about five percent of divorce cases actually go to trial on average. Family cases are tried to judges who have seen hundreds or thousands of witnesses over the course of their career. There are no jurors, there are rarely spectators. Allen & Heim will prepare for you for all appearances and try to calm your apprehension. We make all efforts to avoid trial because it is stressful and trial is also costly. Most of the time we can reach a fair settlement agreement, saving you time, stress and money.

Parenting Time

What is Parenting Time?

Parenting time (what used to be known as “visitation”) is the schedule each parent will enjoy with their child or children following divorce or adjudication of paternity. Allen & Heim assists our clients in crafting a plan that is unique to their needs. Parenting time plans often involve a routine access schedule, summer schedule, holiday schedule, division of non-school days, and vacation access.

Parenting Time in Light of Custody

Usually, but not always, if the parties share joint physical custody of a child, the amount time they care for that child is approximately equal. Similarly, if one party is awarded primary physical custody, the non-custodial parent usually enjoys significant, but less than equal, time with a child.

Parenting Time and Child Support

Parenting time has become much more important in light of the updated Minnesota child support guidelines, which take into account the percentage of time each parent spends with a child. The custody label no longer makes a difference in the amount of child support that changes hands. For that reason, parties often spend more time talking about the schedule itself, as opposed to the name given to the custodial arrangement.

Child Custody

Child Custody

If there are minor children involved in your case, the court will need to determine custody. Allen & Heim can help you navigate the system. Minnesota law splits the custody issue into two components:

1. Legal custody (responsibility for major decisions involving health, welfare and education); and
2. Physical custody (responsibility for day-to-day care of a child).

Physical and legal custody can be assumed by one parent (sole) or shared in some manner by both parents (joint). 

The “Best Interests of the Child” Standard

• The guiding principle in custody cases involves the “best interests of the child.” Here are factors the courts use in determining what is in a child’s best interests:
• The wishes of the child’s parent or parents as to custody;
• The reasonable preference of the child as to custody, if the court deems the child to be of sufficient age to express preference;
• The child’s primary caretaker;
• The intimacy of the relationship between each parent and the child;
• The interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child’s best interests;
• The child’s adjustment to home, school, and community;
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
• The permanence, as a family unit, of the existing or proposed custodial home;
• The mental and physical health of all individuals involved; except that a disability of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custody arrangement is not in the best interest of the child;
• The capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child’s culture and religion or creed, if any;
• The child’s cultural background;
• The effect on the child of the actions of an abuser, if related to domestic abuse that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and
• The disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.
• No one factor is to take precedence over another.

Always A Free Consultation

Have additional questions? Contact the Allen & Heim Law Office today. We offer free consultations to all potential clients in family law matters. Call  (507) 280-9330, or contact our office.