| Q: |
What's the difference between a divorce and a legal separation? |
| A: |
A divorce ends the marital relationship while a legal separation
decides the rights and responsibilities of a husband and wife
while they are still married but legally separated. |
| |
| Q: |
Is a legal separation less expensive than a divorce? |
| A: |
No. It actually can be more expensive to start a legal separation
action if you later decide to divorce which would require another,
new legal proceeding. Many of the initial issues people face
when they begin to live apart can be addressed in a divorce
proceeding. |
| |
| Q: |
Is an annulment easier or less expensive than a divorce? |
| A: |
No, in fact it is more difficult to obtain an annulment than
a divorce. In Minnesota, the grounds for a divorce are that
one spouse states that the marriage has been irretrievably broken.
The legal grounds for an annulment are much narrower and more
difficult to prove. |
| |
| Q: |
Where do I start the divorce? |
| A: |
In Minnesota, you must have been a resident in the state for
at least 180 days and the divorce proceeding can be started
in the county in which either spouse resides. |
| |
| Q: |
What do I have to prove to get a divorce? |
| A: |
There is no need to prove fault or anything other then one
spouse believing that the marriage is irretrievably broken. |
| |
| Q: |
Then why do I hear about lengthy and expensive divorce
proceedings? |
| A: |
What typically makes divorce proceedings more complicated
are disputed issues such as custody of children, child support,
spousal maintenance (what used to be called alimony) and the
division of property and debts. |
| |
| Q: |
How long will the divorce process take? |
| A: |
Each divorce is different and the length of the proceedings
depends on the number of issues which are in dispute and whether
or not it goes to a final trial. If the two spouses reach an
agreement on all the issues and sign a final marital dissolution
stipulation, usually they can be divorced within thirty days
after that stipulation is filed with the court. However, if
there is a need for a final trial, it may take more than a year
to get the trial date, particulary in the more populous counties. |
| |
| Q: |
But what if I can't wait and need to get into court more
quickly? |
| A: |
If there has been physical abuse or an immediate threat of
abuse, then there are emergency hearings available. Also, during
the course of a divorce proceeding, temporary hearings can be
held to deal with immediate issues such as who lives in the
home and what the custody and parenting schedules will be while
the divorce is pending. The temporary hearing can also address
temporary financial issues such as child support and spousal
maintenance. |
| |
| Q: |
How much will the divorce cost? |
| A: |
Again, each case is different and I give an estimate during
the initial consultation based on what appear to be the issues
in your case. I will also provide information about the amount
of the retainer or downpayment you would make if you decided
to hire me as your attorney. |
| |
| Q: |
How can I keep the costs of my divorce down? |
| A: |
The more you can you do to pull together information on your
assets and debts, the less work for your attorney. You should
make copies of as many documents as you can find concerning
your assets and debts. It is also important to write down questions
that you would like to ask your attorney since every phone call
is a charge to you. Finally, it will help if you focus on the
future and problem solve rather than reliving old fights or
attempting to get revenge. |
