Dissolving a marriage, irrespective of how short-lived it was, is easier said than done. The situation is further complicated if children are involved, often making it an uphill task to get a divorce quickly and easily. It is also an intricate and time-consuming process, making it necessary to hire an experienced divorce lawyer in Buffalo, MN.
Apart from hiring a lawyer, you will also need to understand the process, the family law in your state, and local court procedure, among other things. It will help you go through your divorce smoothly and make well-informed decisions every step of the way.
Here is what happens in a typical divorce in Buffalo, MN.
1. Filing for the Divorce
Usually, the divorce begins by filing a legal petition in the local court. If you meet the residency requirements of Minnesota, irrespective of where you were married, you can file for the divorce in the local court. Even if you and your spouse have agreed to fully co-operate, you will still need to file the petition, without which your marriage can’t be legally terminated.
You have to mention whether you or your spouse (or both) meet Minnesota’s residency requirements, along with the grounds for your divorce, and other relevant information in your filing statement. The grounds for divorce and other details will vary from case to case. You need to speak with an experienced divorce lawyer in Buffalo, MN to understand the specifics of your case.
2. Serving Your Spouse
You also need to serve your spouse with a copy of your divorce papers. If you are already working with an experienced divorce lawyer in Buffalo, MN, they will take care of this step. Usually, in an uncontested divorce, your spouse will accept and sign the paperwork. An uncontested divorce is where both parties agree to all the terms of a divorce, such as child custody, alimony, and division of assets.
On the other hand, a contested divorce involves disagreement from one or both parties. That’s why hiring a professional and competent lawyer can be a wise decision, especially in this situation, as an evasive spouse may delay the process unnecessarily.
3. Negotiating a Settlement
Negotiations are often the most critical part of a divorce process. In most cases, especially when the divorce is uncontested, negotiations will determine the outcome of the divorce. Both you and your spouse can work out your differences and come to a mutual agreement about everything, including child support, child custody, and asset and debt sharing.
Sometimes, however, the court may order negotiations through mediation. In mediation, a third-party, called as a mediator, will help facilitate the negotiations between you and your spouse. Your lawyers can also be a part of mediation. This is a time and money-saving approach for most couples.
4. Divorce through Trial
Unfortunately, sometimes negotiations fail and you have no other option but to go to trial. Usually, very few divorce cases go to trial. Most of these involve a complicated family situation. For example, a spouse with a history of domestic or substance abuse can make it difficult to get an uncontested divorce.
So, when all attempts at negotiations fail, the court will take charge of the case. When the case goes to a trial, the court will have the ultimate authority to make the final decision based on the evidence and arguments.
Divorce trials, as you may already know, are expensive and time-consuming for both parties. Needless to say, if your case goes to trial, you will need an experienced divorce lawyer in Buffalo, MN to represent you in the best possible light.
5. Do I Need a Lawyer to Get a Divorce in Buffalo, MN?
Although self-representation is legally allowed in a divorce case, it is better to have an experienced divorce lawyer in Buffalo, MN on your side. Most lawyers have courtroom and procedural experience, which can help you get things done relatively quickly.
They can also take care of all the paperwork, filings, and official documentation. Lawyers also offer practical advice when emotions are running high. Thus, both you and your spouse can make rational decisions quickly and smoothly without further emotional escalations.
But most importantly, with lawyers taking care of the legwork, you can focus on your mental and physical well-being during the divorce. As divorce can be an emotionally stressful process, taking care of your health should be your priority.
As you can see, legally terminating your marriage is a complicated and time-consuming process. While you should consult an experienced divorce lawyer in Buffalo, MN right away, you also need to understand how the divorce process works. Arming yourself with the fundamental knowledge about divorce proceedings can help you make an informed decision. Hopefully, this post will help you understand the basics of getting a divorce in Minnesota.
Contact an Experienced Divorce Lawyer in Buffalo, MN Now!
The experienced family law attorneys at Carlson & Jones, P.A. can help you understand family law and facts related to your case thoroughly. We can also represent your case in the best possible manner in the court, if required. Call us today on 855-762-6548 or contact us online to know more about our legal services.