Most would agree with David Baer Minnesota when he suggests that divorces are complex, painful matters. A divorce lawyer is a specialized type of legal professional who understands the laws of their local area and of the state, such as Minnesota, while also understanding the personal issues relating to divorces. They will generally work with the other party’s attorneys in order to try and keep the dispute out of court, engaging in email and personal correspondence to try to reach a settlement. But what are the specific elements of a divorce that they have to manage?
David Baer Minnesota on the Elements of a Divorce
The divorce attorney has to look at a range of different aspects. These include prenuptial agreements, pets custody, child custody, deaths, assets, properties, alimony, child support, and so on. Alimony is what an individual will pay their spouse following the divorce. How much they pay varies depending on the range of different factors. Mainly, it will be down to how much worse off one party will be financially as a result of the divorce. It is highly unlikely that the spouse with little to no income will be told to pay alimony to the other.
Division of property can be arranged quite easily if a prenuptial agreement was in place. Unfortunately, in most cases, no such agreement have been made. Hence, there are often quite aggressive debate on who gets to keep what. It is important that the attorney’s of both parties are present when these meetings take place, during which division of debts and assets will also be discussed. Because couples amass property together, it can be very difficult to determine who is entitled to what. If any property has been obtained as a result of an inheritance, the matter can become even more complex, particularly if no prenuptial agreement was in place.
Dealing with dependencies perhaps the most difficult issue of all. In Minnesota, dependents are not just children but also pets. Determining who gets to live where and who has to pay what in order to support these dependents is often the most highly contended issue in a divorce. It is also the issue that causes the most bad blood between the two parties. This is highly unfortunate as, ultimately, it is the dependant who will suffer from this the most.
Other issues may also exist. This includes imprisonment, fraud, abandonment, criminal offences, domestic violence, substance abuse, and so on. These are all legal factors, potentially even criminal factors, that will come into play when determining the rights of both parties involved in the divorce. Additionally, a lawyer will often have to work on determining the grounds for the divorce. In order for a divorce to be agreed to come out of the grounds have to be legal and valid. The start by determining whether there is a fault or no fault case. In a no fault situation, both parties agree to irreconcilable differences. In a fault case however, the lawyer of the party asking for the divorce will have to prove that there are legal grounds for this.
