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Going through a divorce can be one of the most stressful and emotional situations you’ll ever experience. Whether you’re preparing to file for divorce or have recently been served with papers to dissolve your Minnesota marriage, you need the support of a knowledgeable divorce lawyer who can help you understand the full scope of what’s at stake, advocate for your interests, and handle the specific details of this complex legal process.
Turn to Sjoberg Law Office, P.A., for advice and counsel. We welcome clients from the neighboring communities of Cambridge, Isanti, and Anoka and greater Anoka, Isanti, and Chisago counties. Contact us today to arrange a free initial consultation with a professional but compassionate Minnesota divorce lawyer.
At Sjoberg Law Office, P.A., you can count on honesty regarding what to expect during a divorce proceeding. Our attorney, Dave Sjoberg, will guide you through the legal process and explain the likely outcome of your divorce based on your unique situation. He will help you file paperwork, explain the benefits of mediation and stay by your side during court appearances. He has two decades of experience working with clients from across Minnesota.
Divorce is a complex legal process that results in more than just the end of a marriage. It also carries long-term consequences for your family, finances, and future. Even in uncontested cases in which the spouses are in agreement on the major issues, they must still make important decisions carefully and in line with Minnesota law.
Working with a local divorce lawyer in Ham Lake gives you access to guidance that’s tailored to your specific situation. It also provides the peace of mind that comes with knowing someone is looking out for your best interests and ready to fight for your rights. When you work with Sjoberg Law Office, P.A., we can:
Divorce can feel isolating. When you work with a divorce attorney from Sjoberg Law Office, P.A., you’ll never feel like you’re going through this alone. Your attorney will keep you informed, prepared, and supported throughout the process, no matter how straightforward or complicated your divorce becomes.
Minnesota courts divide property and debts according to what is “just and equitable.” This doesn’t always mean a precise 50/50 split. Instead, judges evaluate the specific circumstances of each case to determine a fair outcome. This standard allows for flexibility when spouses have different earning capacities due to educational imbalances or health conditions. It can also account for the different financial as well as non-economic contributions each spouse made to the marriage.
The classification of assets as either marital or non-marital is a central step in this process. Marital property generally includes anything acquired by either spouse during the marriage, regardless of whose name is on the title. This can include real estate, vehicles, retirement accounts, business interests, and personal property. Non-marital property includes assets acquired before the marriage, gifts or inheritances received by one spouse alone, and certain personal injury settlements. However, non-marital property can lose its separate status if it becomes commingled with marital assets.
Under Minnesota law, courts must consider several factors when dividing marital property, including:
Property must also be properly valued, usually as of a set date, such as the prehearing settlement conference. Courts can also take action if one spouse attempts to hide or transfer property to gain an unfair advantage. In those cases, the court may award a larger share to the other spouse to make up the difference.
Spousal maintenance is also known as spousal support or alimony. Many factors are considered when determining whether or not spousal maintenance shall be awarded. These factors include:
The different types of spousal maintenance include temporary support, permanent support and lump-sum support payment. We will work together to assess your situation and determine which form of support is best for you.
When Ham Lake parents divorce, the best interest of the child guides decisions about custody, parenting time, and child support. The law encourages both parents to remain involved in their children’s lives unless specific circumstances would make doing so unsafe or impractical.
There are two types of custody under Minnesota law: legal custody and physical custody. Legal custody refers to the right to make major decisions about the child’s upbringing, including education, health care, and religion. Physical custody refers to where the child lives and the daily care they receive. Custody can be awarded jointly or solely, depending on what the court finds appropriate.
The court also establishes a schedule for when each parent spends time with the child. When outlining parenting time, courts consider the child’s developmental needs, each parent’s availability, and the quality of the parent-child relationship. If parents cannot agree to a schedule independently, the court may issue a detailed parenting time order to avoid future conflicts.
Finally, many Minnesota parents must pay child support to help cover basic living expenses, medical care, and child care. Child support is calculated based on specific state-imposed guidelines that factor in both parents’ gross incomes, the number of children, and each parent’s share of parenting time. If a parent experiences a change in income or has to adjust their schedule, they may petition the court for modifications to the support order or parenting time arrangement.
Some of the most important decisions you will make during your divorce revolve around your children. In the past, the courts showed a clear bias toward giving mothers primary custody of the children. Today, the court recognizes the importance of fathers being involved in their children’s lives. Dave Sjoberg has stood up for the rights of fathers for two decades. He will make sure that the fathers stay involved in their children’s lives and the court puts the best interest of the child first.
Minnesotans going through divorces often have questions about what to expect from the process. Sjoberg Law Office, P.A., is here to answer your questions and address your concerns. Below are short answers to some of the questions we hear most often. Please don’t hesitate to reach out to learn more.
It depends on the complexity of the case and whether it’s contested. An uncontested divorce may be finalized in as little as a few months. Contested cases involving custody or property disputes can take several months to over a year to resolve, especially if the parties have to attend court hearings.
Not always. If both parties agree on custody, support, property division, and other critical matters, the court may finalize the divorce without a hearing. However, if disputes arise or you can’t reach a settlement on your own or through mediation, you may need to appear in court for temporary motions or a trial.
No. Even in uncontested divorces, Minnesota ethics rules prohibit one attorney from representing both spouses. One attorney can prepare the paperwork, but the other spouse must either remain unrepresented or consult a different attorney for advice or review of the agreement before signing.
You can still move forward with the divorce. Minnesota allows one spouse to file and proceed, even if the other refuses to participate. If your spouse ignores the paperwork or misses deadlines, the court may issue a default judgment based on the information you’ve provided.
Are you preparing to file for divorce in Ham Lake? These cases can be notoriously difficult and emotional. That’s why you need an experienced Minnesota divorce attorney who can support you through the process and fight to protect your interests.
If you’re ready to learn more about how a lawyer can make the Minnesota divorce process more manageable, reach out to Sjoberg Law Office, P.A. Our team can help you through it. We are compassionate, caring and thorough. Call our office in Ham Lake at 763-413-1223 to schedule a consultation today. You can also email us. Our law firm serves clients in Cambridge, Isanti, and Anoka and throughout Anoka, Isanti, and Chisago counties.