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Divorce Explained

Divorce Explained

Atticus Family Law is dedicated to helping families resolve their legal issues with
dignity and respect. Our attorneys work to find the best solution for you and help
families move past a difficult situation.

Divorce Explained: Everything You Need to Know

Atticus Family Law presents a comprehensive webinar focused on divorce in Minnesota, providing valuable insights into the legal processes and challenges involved in dissolving a marriage. Participants will gain a deeper understanding of key topics such as asset division, child custody, alimony, and the nuances of Minnesota’s no-fault divorce laws. Whether you’re considering divorce, currently going through the process, or just seeking knowledge to better understand family law in Minnesota, this webinar offers expert advice and practical guidance to help navigate the complexities of divorce proceedings.

1. Where Everyone Starts

In this webinar episode, common challenges of divorce are explored, including changing rules, concerns over fairness, and internal struggles like stress and anxiety, with a focus on finding peace and clarity during this difficult time.

2. Introduction

Key topics of divorce in Minnesota are introduced, including legal requirements, expected experiences, potential outcomes, and the procedures involved. The focus is on helping individuals prepare effectively, ensuring the best chance for a successful outcome in the shortest time possible.

 

3. Requirements for Filing

Requirements for filing a divorce in Minnesota are discussed, including the need for a marriage license, an irretrievable breakdown of the marital relationship, and residency requirements. The process also covers jurisdiction, county filing rules, and how military service can affect divorce proceedings.

4. Expectations for Divorce

This webinar episode covers divorce expectations, highlighting that 97% of Minnesota divorces settle without a trial and that mediation has a 70% success rate. It emphasizes the importance of preparation, using helpful guides, and maintaining a positive mindset for a successful outcome.

5. Expectations for Legal Procedure

The legal procedure in a divorce can be complex, and it’s crucial to understand it fully. The process begins with a strategy session, where all facts, goals, and available laws are considered to create a plan for achieving the best outcome. Starting strong is vital to ensure that the case progresses efficiently and successfully.

6. Issues Involving Children

This webinar covers key child-related divorce issues, including custody, parenting time, child support, and tax implications. It explains how courts decide custody, create parenting schedules, and calculate child support. We also address the emotional challenges of custody disputes.

7. Property and Debt Division

This webinar covers property and debt division in divorce, explaining marital vs. non-marital property and how courts divide assets equitably. It also discusses secured (e.g., mortgages) and unsecured debts (e.g., credit cards) and the importance of considering pre-tax and post-tax assets to ensure a fair division.

8. Spousal Maintenance

This webinar covers spousal maintenance, explaining its types (transitional and indefinite), how it’s determined based on marriage length, income disparity, and financial needs, and how courts assess each spouse’s ability to support themselves.

9. Attorney Fees

This webinar discusses attorney fees in divorce cases, explaining two main ways one party might be required to pay the other’s fees: a needs-based claim, where one party can’t afford legal representation, and a conduct-based award, where one party’s actions cause unnecessary legal expenses for the other. It also covers how attorney fees can influence settlement negotiations.

10. Taxes

This webinar provides a primer on tax considerations during and after a divorce, highlighting key points such as how to file taxes after divorce, dependency exemptions for children, and deductions for mortgage interest and property taxes. It emphasizes the importance of consulting a CPA or tax attorney for complex situations and advises against using low-fee tax services.

11. Accomplishing Goals

In this episode, the focus is on setting realistic goals during a divorce. It emphasizes that decisions should align with legal factors, such as property division and custody considerations, and warns against seeking revenge or personal satisfaction through the court. The key takeaway is that you must base your arguments on relevant legal factors to achieve a favorable outcome.

12. Domestic Violence

This episode discusses how domestic violence impacts divorce cases, focusing on legal protections for victims, such as the presumption against joint custody for abusers. It also covers the importance of adapting mediation to ensure safety and fairness for victims.

13. Income

This episode highlights the importance of accurately understanding income in divorce cases, including salary, bonuses, self-employment, and business expenses. It discusses how to assess income properly and address issues like depreciation and underemployment, which can impact child support, spousal maintenance, and property division.

14. Divorce Process

The webinar outlines three stages of divorce: 1) gather all facts, 2) align them with your goals, and 3) finalize the divorce. Proper preparation in the first two stages is crucial to avoid long-term consequences.

15. Expectations for Future

In this webinar, the focus is on envisioning your future after divorce. It encourages letting go of past and present struggles to focus on creating a fulfilling future. By thinking about happiness and peace of mind beyond the divorce, you can navigate the process with a clearer vision of what you want in the next chapter of your life.

16. Conclusion

This webinar concludes by stressing the importance of strategic planning during divorce. Properly structured divorce terms can prevent future issues and help build a strong foundation for a better future. It encourages scheduling a consultation for a smooth and effective divorce process.

Where Everyone Starts
Where Everyone Starts
Big Picture Introduction
Big Picture Introduction
Requirements for Filing
Requirements for Filing
Expectations for Divorce
Expectations for Divorce
Expectations for Legal Procedure
Expectations for Legal Procedure
Issues Involving Divorcing Children
Issues Involving Divorcing Children
Property and Debt Division
Property and Debt Division
Spousal Maintenance
Spousal Maintenance
Attorney Fees
Attorney Fees
Taxes
Taxes
Accomplishing Goals
Accomplishing Goals
Domestic Violence
Domestic Violence
Income
Income
Divorce Process
Divorce Process
Expectations for Future
Expectations for Future
Conclusion
Conclusion
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FREE Download of the Minnesota Divorce Success Guide: Everything you need to divorce without regret.

  • Decisions about the children’s future and parenting time.
  • Responsibility for spouse’s debt and spending.
  • Separation of assets and income.
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  • How long will it all take?
  • How will you accomplish my goals?
  • How much will it cost and what do the fees include?

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6303 Osgood Ave N
Stillwater, MN 55082

Minneapolis

100 South Fifth Street, 19th Floor
Minneapolis, MN 55402

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445 Minnesota Street, Suite 1500
Saint Paul, MN 55101

Minnetonka

601 Carlson Pkwy (Carlson Center) Suite 1050
Minnetonka, MN 55305

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Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. *Individuals named in the "Personal Perspective" are composite characters based on the attorneys at Atticus Family Law interactions with many clients. Facts are not specific to any particular case of any Atticus Family Law client. By providing your contact information, you agree to receive SMS messages from Atticus Family Law regarding your case, appointments, and legal updates. Message frequency varies. Message & data rates may apply. Reply STOP to opt out or HELP for assistance. Visit https://atticusfamilylaw.com/disclaimer/ for our Privacy Policy and Terms of Service.

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