Do I need a Divorce Lawyer for my Divorce?

The formal legal term in Minnesota for a divorce is Dissolution of Marriage. At the time of the divorce it is frequently a very emotional, difficult time and in most cases it is clearly in a parties' best interest to consult with an attorney who specializes in family law, concerning their legal rights. Although money is often tight and financial circumstances can frequently can be dire, it is not a wise idea to take shortcuts and avoid seeking the legal advise of a divorce lawyer.

There have been recent efforts to simplify filing for a divorce. There are forms available to submit to a Court for a divorce, but to attempt to proceed without obtaining legal advice is extremely hazardous and often times will only lead to additional delays, and difficulties. The laws in Minnesota are complex concerning a parties' rights relative to their children, custody, Parenting Time, visitation, child support, spousal maintenance, marital assets, non-marital property, division of pension and retirement assets, division of debts, attorneys fees, and other important issues that are critical to finalizing a divorce.

In general, it is critical to retain a Divorce Lawyer, or at the very least consult with a Divorce Attorney for legal advice, if you have children, own real estate, have a disparity in income, have brought significant assets into the marriage, have a disability or health issues, or have incurred substantial debt, or have been married more than a couple of years. There have been numerous recent major changes in Minnesota law concerning divorce, child support, custody and other issues and it is important that you consult and obtain legal advice from a divorce lawyer who has experience and has practiced a substantial period of time in family law in Minnesota.

When should I obtain a Divorce Attorney?

It is very important to obtain legal representation at the very beginning of any divorce proceeding, custody matter and/or a paternity action. The decisions that are made early in the process and even shortly prior to the beginning of a divorce action can have a major impact on how the case is resolved, and can impact the Court's decision as you are establishing a status quo and the Court may rely on what has been customary in deciding your case on several issues. Decisions to move out of the house, or visitation schedules established at the beginning of a case, or the exchange of monies at the beginning of a case and payments made to a spouse, can have a major impact on the ultimate outcome in your case. It is essential that you consult and obtain legal representation and retain a Divorce Lawyer before you make these types of decisions in a divorce proceeding.

In general at the time of the divorce, it is not time to cut costs and forego obtaining legal representation or retaining a divorce lawyer. Money you may think that you are saving now, could costs you a great deal more in the future. At a minimum a party should consult with a divorce attorney early in the process and if necessary, make financial sacrifices to retain a divorce lawyer as a divorce can impact your life for many years after the conclusion of the proceedings.

What type of Divorce Lawyer should I obtain?

It is highly recommended that you obtain an experienced divorce lawyer, with many years of experience, or one who practices primarily in Family Law and has dealt with the numerous issues and ever changing law in divorce and the handling of your case.

The issues that arise in a divorce such as child custody, child support, spousal maintenance commonly referred to as alimony, division of marital property, the award of non-marital property commonly referred to as assets brought into the marriage by a party, valuations of businesses, division of debt, and the division of pension and retirement plans requires an experienced attorney who understands unique issues that arise in family law and who is familiar with Minnesota law and the Minnesota Courts and does not have to spend substantial time doing research to assist you in strategizing and evaluating and handling these matters.

It is also difficult, if not impossible, in many incidences to correct errors or decisions that have been made in a divorce proceeding by someone who has attempted to complete the forms and who has finalized a divorce without consulting an experienced family law attorney. If a divorce is approved and final paperwork is submitted to the Court and signed off by a Judge and filed with the Court, in many incidences, you will have waived your right to pursue potential relief. It is therefore critical that you obtain legal representation at the first sign that a divorce is eminent or will likely occur.

What makes Family Law unique and warrants you retain an experienced divorce attorney?

Minnesota Family Law is a unique area of legal practice. It is not simple, but is instead filled with a vast array of Minnesota case law interpreting unique facts and circumstances in all different cases. There are also unique formulas that are used and long standing precedent (prior case law) that are considered by the Court in dealing with issues such as spousal maintenance and non-marital assets or assets brought into the marriage, the appreciation of non-marital assets, the calculation of child support, and the valuation of businesses, that requires an experienced lawyer who practices a substantial amount of time dealing with family law matters.

There cannot be general conclusions made about your case without an attorney obtaining detailed information from you about your specific situation and therefore, you should not rely on the general information referenced in this site in making decisions about your case. You need to take the time to meet with a lawyer and discuss your specific fact situation and obtain professional advice to protect your rights and to safeguard your future. Efforts to save a few thousand dollars could end up costing you tens of thousands of dollars if you attempt to proceed without consulting with a lawyer.

It is often true in divorce cases that emotions run very high and it is very difficult to be objective in dealing with resolving matters and issues that arise in a dissolution proceeding. This is another reason that even if a party is familiar with Minnesota law it is in their best interests to obtain independent legal counsel who specializes in family law to represent them in a divorce. Emotions often cloud judgment and decision making and leads to poor tactical decisions in the divorce process. An experienced family law attorney who can be objective can greatly assist in resolving matters with less acrimony and less expense then if parties allow their emotions to cause unnecessary delays and leads to uncompromising positions or taking action that is contrary to their best interests.

Competent family law attorneys also have resources that can be of great assistance in allowing the case to move forward and be resolved in an expeditious manner. In divorce proceedings there often will be the need to obtain a real estate appraiser, a tax professional, or a business valuation expert, or other experts to address and resolve pension valuation and division issues or analysis of non-marital property and it's impact on the present marital estate. An experienced lawyer who practices extensively in family law will have resources that are reputable and competent to assist in dealing with these issues.

Do Courts require I have a Family Law Lawyer?

A Judge or a Trial Court will not require you to retain a divorce or family law attorney. However, most Courts and Judges strongly encourage parties to consult with legal counsel before entering into settlements and the Court may not approve a settlement unless a party has had an opportunity to consult with legal counsel.

In addition, there have been many instances where Trial Court Judges have rejected proposed settlements as improper because parties have attempted to draft a binding legal Marital Termination Agreement or Judgment and Decree but have made numerous errors which lead the Court to reject the document. This occurs frequently as there are complex requirements concerning legal documents that are submitted to the Court in the form of a Judgment and Decree. Most Judges do not have the time or resources, nor is it their job to educate parties who represent themselves (referred to as Pro Se parties) about Minnesota law, or their legal rights. The Clerk's Office also, in general, is extremely reluctant and attempts not to give legal advice in how to deal with family law matters. In general, retaining an experienced family law lawyer will assure that your case is processed expeditiously and without delays or unforeseen problems in the processing of, preparation and filing of divorce pleadings.

In addition, the Court has very strict rules concerning filing deadlines that must be adhered to and there are severe consequences if they are not, and an experienced family law attorney will be invaluable in ensuring that these deadlines and time limits are followed.

Address:	1811 WEIR DRIVE, SUITE 160 WOODBURY, MN, 55125 (get directions)
E-mail:	arrigonilaw@hotmail.com
Phone:	651-738-1400
Fax:	651-578-7061
Office Hours:	Mon-Fri 9am-5pm (weekend appointments available)