Tonka Bay, MN Divorce Attorney

During a marriage, a couple may acquire homes and other property, retirement funds, and investments. These things, and more, are considered marital property. But if some assets were acquired outside the marriage, their allocation and potential division can be complicated in the event of a divorce.

Dividing marital assets requires detailed attention in the marriage dissolution process. For complex marital estates, it may be necessary to retain experts to help understand the financial aspects. Using these experts can help both parties, the courts, and mediators better understand the details of the estates.

Prenuptial agreements, also called antenuptial agreements in Minnesota, are a legal documentation of pre-marriage agreement. Its purpose is to potentially protect assets obtained by one spouse before and during the marriage. A “prenup” will ensure that an individual's premarital properties are safe in the event of divorce.

Both individuals retain legal rights to one another’s estates when entering a marriage. Prenuptial agreements, however, are designed to have those rights waived. Such an agreement also can include prenup spousal maintenance, waiving that right.

Most prenuptial agreements are drafted according to the prospective laws and guidelines of the state of residence. While it is a legal contract, many have loopholes and areas that can be challenged easily. Let our team provide expertise and insight into an active or needed prenuptial.

What was once called alimony is now called “spousal maintenance.” But like alimony, this means that one spouse makes payments to the other so that the benefitting spouse can maintain their lifestyle. These payments are court-ordered. The courts consider many factors when determining spousal maintenance, such as each individual’s income, the amount they both contributed to the assets, and the marriage’s length.

There are many instances of spouses making different financial contributions to their marriage. Spousal maintenance is determined, in part, by examining whether each spouse can support themselves without the other. If not, the court may order spousal maintenance. Other considerations include, but are not limited to, the length of the marriage, career sacrifices made by one spouse, and the ability to pay maintenance.

These factors, and others, will determine the amount, duration, or whether maintenance will even be awarded. Spousal maintenance can be Court-ordered or it can be agreed upon between the parties.

Determining child custody can be the most emotional aspect of a divorce, and we want to lessen that stress as much as possible. The courts will always consider the children’s best interests. There are many best interest factors, such as which parent’s environment is the most stable and least disruptive for the children to live in. Custody can be determined by the Court or agreed upon by the parties.

If parents can’t agree on custody, we will present the facts in child custody hearings and argue on your behalf. We will help you decide whether or not you need your own experts, and we will defend the best interests of your children.

Child visitation is referred to as “Parenting Time.” Parenting time determines how much time both parents spend with the child. The courts understand the importance of children having a relationship with both parents. The court will determine a parenting time schedule based on the best interests of the child. In some situations, spouses will equally split parenting time. In other cases, depending on the child’s interests, time will be split differently.

Child visitation agreements can be complicated and require careful attention. Visitation terms are in effect until minor children turn 18. We will do everything possible to achieve a fair and an agreeable child visitation arrangement for you and your children.

Child support ensures that both parents contribute financially to the child's needs. Child support is paid to the custodial parent from the non-custodial parent. We will find the most realistic and equitable resolution for you and, more importantly, your children. The court considers the following, among other considerations, in determining child support:

• Income of the non-custodial parent
• Number of children
• Which parent covers health or dental insurance for the children

Child support is used to help even the burden of the cost of basic needs.

It can be stressful when one, or both, spouses move out of the home. When deciding on living arrangements during divorce, you can count on us to guide you in the right direction for where to live and what to do with the family home.

Like many law offices, our firm requires a retainer, and we charge hourly for the time spent on your case. We value total transparency. We will help you analyze the cost of pursuing a specific route with an expected outcome, and we will help you decide if the cost is worth its outcome.