Southern Minnesota Divorce Lawyers
Balancing Emotions With Cold Hard Facts
At Kohlmeyer Hagen, Law Office, our Southern Minnesota divorce attorney provides solutions focused guidance and support to clients. Our law firm offers comprehensive divorce representation—we can assist you with all Minnesota family law matters related to your divorce. If you or your loved one is going through a divorce, we can help. to get you strictly confidential initial case evaluation with one of our Mankato family law attorneys, please contact us today!
An Overview of the Legal Separation Process in Minnesota
Are you preparing for a divorce in Southern Minnesota? If so, it is crucial that you understand your rights and responsibilities under our state’s divorce proceedings and process. Here are some of the most important things that you need to know about the divorce laws and divorce process in Minnesota:
- Minnesota is a No-Fault Divorce State: Similar to other states, Minnesota used to allow for fault-based divorces. However, the law in our state has changed. All divorces in Minnesota are now finalized on the no-fault grounds that the marriage is “irretrievably broken.” Neither party is required to prove that their spouse did something improper to get a divorce. In addition, your spouse cannot stop you from getting a divorce. A single spouse can file for (and obtain) a divorce on the grounds that their marriage is broken and cannot be fixed.
- Minnesota has a 180 Day Residency Rule for Divorce: You and your spouse can file for a divorce in Minnesota even if you were initially married in another state. However, you can only file for divorce if you meet the state’s residency standard: At least one spouse must have lived in Minnesota for the last 180 days. If you are getting divorced in Southern Minnesota, the case should be filed in the county where one (or both) of the parties reside. For example, if you are getting divorced in Rochester, you need to file in Olmsted County.
- A Divorce May Be Contested or Uncontested: From a broad perspective, Minnesota divorce cases can be classified as contested or uncontested. A contested divorce is a divorce that has not been settled. A court must decide on one or more issues. An uncontested divorce is one in which the parties have been able to reach a full settlement. We handle contested and uncontested divorces in Southern Minnesota.
- Marital Property is Divided Equitably: Minnesota is an equitable property distribution jurisdiction. Unlike some other states, including neighboring Wisconsin, it is not a community property state. A divorcing couple’s marital assets must be split up in a manner that is deemed “just and equitable.” In some divorce cases in Southern Minnesota, property is divided 50/50. However, that is not a requirement under Minnesota law. The specific facts of the case always matter. Our Southern Minnesota divorce lawyers help clients resolve property division issues in a favorable manner.
- Custody and Visitation are Adjudicated Based on the Child’s Best Interest: If you are a parent of minor children who is getting divorced in Southern Minnesota, you need to be ready to find a solution for custody and visitation. State law requires courts to resolve all custody and visitation matters based on the best interests of the child. A court can review and evaluate a wide array of different factors—from each parent’s ability to provide a stable home environment to each parent’s willingness to cooperate with each other—to determine what type of arrangement is best for the child.
We Provide Comprehensive Representation in Divorce Cases
In Minnesota, a divorce cannot be finalized until all relevant family law issues are fully resolved. At Kohlmeyer Hagen, Law Office Chtd., we have deep experience in family law and we can help you address all of the key issues related to your divorce. Along with other types of family law matters, our divorce and family lawyers have the skills and knowledge to assist you with:
- Property division;
- Debt division;
- Spousal support;
- Child custody;
- Child visitation; and
- Child support.
Finding Amicable Solutions in a Divorce
Divorce is a stressful experience. It touches on some of the most important and personal aspects of your life. It can be legally, financially, logistically, and emotionally challenging. Most people want to try to find a divorce solution that is efficient, cost effective, and that limits conflict. Our Southern Minnesota divorce lawyer understands the value of collaborative problems solving in family law cases. With experience in mediation, we strive to help clients find amicable resolutions when possible.
As experienced divorce attorneys in Southern Minnesota, we also know that every situation is different. The reality is that you may be working with a former partner who refuses to cooperate, treat you fairly, or negotiate in good faith. As trial-tested legal advocates, our Mankato & Rochester divorce lawyers are more than ready to take whatever action is required to protect your family law rights and financial interests.
How a Minnesota Divorce Attorney Can Help
Going through a divorce is hard. You and your spouse might agree that it is the right decision—but there are still many legal and logistical things that must be solved. At Kohlmeyer Hagen, Law Office Chtd., we provide proactive and pragmatic family law representation. When you call our office, you will have an opportunity to work with a Southern Minnesota divorce lawyer who can:
- Hear your story, answer questions, and explain your options;
- Gather and prepare the documents and records you need to proceed;
- Complete the divorce paperwork;
- Advocate for you in settlement negotiations; and
- Develop a strategy to help you secure the best outcome.
Military Divorce | Specialized Language and a Mountain of Acronyms
We have exceptional credentials to handle your divorce if you or your spouse has military experience. The chair of the family law division, Jason Kohlmeyer, spent 6 years in the Army. This gave Jason the experience that only a person who has gone on an FTX or stood in line at the Class Six can understand. There are special issues involved in military divorces, and we are comfortable handling the specialized language and the mountain of acronyms and regulations that are involved in military divorces.
Divorce is a stressful experience. With the right attorney, however, you can get the divorce you want and set yourself up for a successful future. Contact one of our Minnesota divorce attorneys with questions. Listed below are just some of the common family law matters our firm handles.
Southern Minnesota Divorce Lawyer
At Kohlmeyer Hagen Law Offices we understand that your divorce is very personal and can be hard to ask for help with it. We know the stress that it can put on your everyday life. We are here to help. We will ensure that your divorce case is handled professionally and advocate for your best interests down to the last detail. Contact our offices today for a free consultation.
Frequently Asked Questions
About Divorce Law
How Much Will My Divorce Cost?There is no set amount. If you can reach an agreement with your spouse on child custody, child support, the division of marital property and debt, and alimony, then the cost will be much less than if you fight over every issue. Some divorces are expensive because attorneys must retain experts like child psychologists or forensic accountants. This is a good question, but there is no one answer.
Does the Mother Automatically Get Custody?No. Minnesota law does not allow a preference for mothers or fathers when it comes to custody. Instead, the law is to look at what is in the child’s best interests. That test looks at many factors, such as how well-adjusted the child is in the current environment and the ability of each parent to care for the child. It is also possible to have joint custody.
How Much Child Support Will I Pay?Minnesota has created guidelines that will determine child support. Some of the factors that go into the formula include the number of children being supported, each parent’s income, and how much time each parent has the child. You can use a calculator to estimate the amount you will pay or receive. Judges can add money to this guideline amount, e.g., for educational or child care expenses. There might also be situations where your child has extraordinary needs, so a parent needs to pay more than what the guideline recommends.
We had a prenuptial agreement. Will this affect the divorce?Yes. If the prenup is valid, then a judge should enforce it. Of course, you might have signed the prenup under duress or threats, which could make it void, and a prenup must be procedurally proper.
I really don’t intend to stay in contact with my children. Can I avoid paying child support?No, you can’t. Each parent has a legal obligation to support children, regardless of whether they want to stay involved in their children’s lives.
The house is in my name, so that means I get it after divorce, right?Maybe. Minnesota divides marital property equitably, which means fairly. To determine what property is marital, you typically look at when you obtained the asset, not whose name is on the deed or title. If you bought the home while married, it is probably marital property. The same is true of a vehicle or any other property you buy. If your spouse bought the home before marriage, some or all could be marital property, if you made mortgage payments while married. Carefully review your property with an attorney.
I stayed home to raise the kids and have no income or savings. Will I be bankrupt after a divorce?You shouldn’t be. Minnesota recognizes that each spouse can make unique contributions to a marriage. Not all contributions are financial. For this reason, you have a right to a share of marital property even if you didn’t pay monthly bills. Of course, if you and your spouse did not accumulate many assets, then you will have much less to use to support yourself. You could also qualify for spousal maintenance, which is a monthly amount your ex pays to you. Maintenance can be temporary or permanent.
When Do I Start The Divorce?This is always a tough question to answer because, believe it or not, I’m not happy when people get divorced! Yes, I know I make my living as a divorce attorney and I still have a few student loans that need to be paid, but one of my favorite phone calls is when a client calls and tells me that it looks like they are getting back together and please stop the divorce. Because of this, I believe that it must be the client’s choice when they should get divorced, not the lawyers.
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Awards & Recognitions
Tier – 2 Minneapolis
Avvo.com – an independent lawyer ranking organization
Minnesota Lawyer Newspaper
Award limited to no more than 5% of Minnesota Attorneys
2014, 2015, 2016, 2017, 2018, 2019
American Bar Foundation
National Trial Lawyers