Medina, MN Divorce Attorney

Generally, any property acquired by either party during the marriage is marital property. In Minnesota, the parties can agree on the division of property or the Court can make the determination if the parties do not agree. Marital estates include real estate, investment accounts, and closely-held businesses. These estates can make the case more complex. The attorneys at M. Sue Wilson Law Offices can track property from its original procurement to its current state to prove whether the property is marital or nonmarital.

Prenuptial agreements, also called antenuptial agreements, can protect assets acquired before or during the marriage by determining what happens to the assets upon divorce. These contracts are created between two parties prior to marriage. In Minnesota, not all prenuptial agreements are valid and enforceable.

If you believe you signed a prenuptial agreement and you are going through a divorce, contact our Medina divorce lawyers to discuss its validity and the impact it may have on your divorce. Our Medina divorce lawyers can also help you prepare a prenuptial agreement before you get married.

Spousal maintenance is a court-awarded payment made by one spouse to the other. Spousal maintenance can be agreed upon by the parties or ordered by the Court. Not all cases involve spousal maintenance. Various factors influence the determination of spousal maintenance.

If there is no prenup with spousal maintenance, the court will consider the following factors to determine the amount of spousal maintenance granted: 

• The length of the marriage 
• The physical health of each spouse 
• Acquired education levels 
• Career advancement sacrifices 
• The financial resources and needs of each spouse 

If divorce substantially impacts your finances, you may have questions about spousal maintenance. The divorce attorneys at M. Sue Wilson Law Offices are ready to answer any and all questions on the issue and fight for your favorable outcome in court.

The court favors stability in the child’s life and prioritizes their best interest when making a custody decision. Therefore, some cases result in joint custody, while others result in one parent getting full custody.

Our Medina divorce attorneys do everything to maintain your child’s best interest when it comes to child custody. Speak with our experienced legal team for assistance about child custody issues if you’re considering divorce.

The ultimate goal of child visitation, also known as “parenting time,” is for each parent to spend time with the child. Parents often work together to create a parenting time schedule that works for their family. If parents cannot agree on parenting time, the Court will make a determination on how much time a child spends with each parent. The Court’s primary consideration is the best interests of the child.

In cases where one parent is found to be unfit to care for the child, the court may order supervised child visitation, where a third party oversees the non-custodial parent with the child.

Child support is payment ordered by the courts to provide basic, medical, and child care support. The court determines regular payment from one parent to the other. Typically, the higher earning parent or the parent with less parenting time will pay child support. Child support is intended to provide, in part, for the child’s:

• Clothes
• Housing
• Food
• Transportation
• Medical insurance
• Education

At M. Sue Wilson Law Offices, our Medina divorce attorneys are committed to making separate living situations fair during the divorce process. Our legal team believes that it is more beneficial for the spouses to live separately during the divorce process, especially if a minor child is involved. Separate living situations can reduce conflict and ease the anxiety of both parties. This process may be complicated and emotional, but we’re here to help you through it.