A divorce can be an emotionally charged and difficult process. The Minnesota Divorce Lawyers at CJB Law are here to advocate for your future. Our legal team has a long-established record of success representing clients in divorce proceedings. We understand that every detail of your case is unique and take great care in understanding every facet of your situation from start to finish.
Knowledge and Experience
CJB law has helped countless clients navigate their divorce for more than a century. Our Minnesota divorce lawyers are widely recognized and locally renowned for producing excellent results through compassionate service. We’ll thoroughly explain the law and how it pertains to your specific case. All the while, our team will develop a results-oriented strategy and establish reasonable objections to your case with complete transparency in mind.
Both spouses have equal rights preceding a divorce proceeding and whether they live together or separate. While circumstances may affect spousal rights, such as criminal record or abuse, generally speaking, they are the same.
If there are children involved in the marriage, each spouse will have equal rights to where the children live, go to school, and when they should see a doctor. It’s important to keep the children’s best interests in mind when thinking about the future. If there exists no threat of harm, it’s important to preserve a relationship with both parents.
If there are concerns that a spouse may harm a child or fail to return the children, you do not need to let them go. However, you will need to pursue a court order to keep them in your home.
Each spouse has the right to use, retain, or dispose of any property the couple jointly owns when it comes to property or assets. This includes withdrawals from a joint bank account or charges on a joint credit card. Neither spouse can withdraw money from a bank account or sell a vehicle in the other party’s name. Additionally, neither spouse can sell real estate if it is in both names or the other spouses.
It’s not uncommon for one or both spouses to “see the divorce coming.” However, that does not give either individual the right to get rid of assets or property in anticipation of a divorce. An example of this might be a spouse cashing out their retirement accounts to deny the other spouse benefits.
In regards to debts, a spouse is responsible for the other spouse when:
- the debt was needed for medical expenses
- the debt was for family household supplies
- both spouses agreed to pay off the debt
- the spouse used the card in the past for personal expenses
If you or your children are being hurt, abused, or threatened, call 9-1-1.
No spouse has the right to hurt you or your children. Our Minnesota Divorce Lawyers can help start the process of an Order for Protection (OFP) to stop family or household violence. This court order offers protections such as:
making the abuser leave the home
keep the abuser away from you or your children
order temporary custody or parenting time
order temporary spousal maintenance or child support
Regardless of whether or not you still live together or have begun the divorce process, an OFP may help. If you’re facing abuse or threats, take advantage of the free and confidential help from the Minnesota Day One Crisis Hotline at 1-866-223-1111 or www.dayoneservices.org.
Minnesota has what is known as “no-fault” divorce law. Essentially, an individual does not need to prove that their spouse did something wrong to obtain a divorce. One must simply state that there is an “irretrievable breakdown of the marriage,” which means that you and your spouse do not want to live together again as spouses.
As your Minnesota divorce lawyer, we’ll help you begin the divorce process. As a “no-fault” state, the court cannot consider fault in regards to splitting assets or custody.
Choosing to get a divorce can be a difficult decision. Our Minnesota divorce lawyers will help ease the process with experienced legal support to protect your rights and best interests. Here are some tips for starting your divorce.
- Collect financial and personal records such as your Social Security card, birth certificate, records of income, tax returns, proof of employment, medical history, and deeds for houses or vehicles. We recommend consulting with one of our Minnesota divorce lawyers to determine if you should open a separate bank account and acquire a safety deposit box for essential documents.
- Consider the impact of the divorce on both you and your children. Our Minnesota divorce attorneys can help you better understand the implications of your marriage dissolution, including the impact on retirement benefits and medical benefits, assets, custody, and visitation.
- Try to avoid social media during this difficult time. We understand how tempting it can be to stay up-to-date on all of your spouse’s activities, but that can come at a cost to your mental health. Additionally, evidence from your own accounts may be used against you during a divorce case. So, we recommend making accounts private or refraining from posting until after your case is finished.
- Manage your property division early with the help of a pre-evaluation of your assets. Property division can significantly impact your financial health both in the immediate future and down the road. Our Minnesota divorce lawyers can help you take a proactive approach to assess your assets.
You need to live in Minnesota for at least six months (180 days) before you can start the divorce process. If you’re considering a divorce, contact the Minnesota divorce lawyers at CJB Law today.
How to File For Divorce in Minnesota
Once you’ve decided to go through with the marriage dissolution, you’ll need to file for divorce. We recommend speaking with an experienced Minnesota divorce attorney to help get the process started. Here’s where you can start:
- Contact a Minnesota divorce lawyer.
- Fill out the correct divorce forms.
- File your divorce paperwork with your county court.
- Pay any and all filing taxes.
- Serve a copy of your divorce papers to your spouse.
Our divorce attorneys will walk you through the correct forms and paperwork and ensure that you understand the process completely.