Deciding you want a divorce is the first step in a complex process. Next, you must choose how you’d like to resolve the divorce. This is sometimes determined by whether the divorce is uncontested or contested, but you’ll usually have at least a couple of options from which to choose. Here are the three most common ways your Edina divorce attorney can help you resolve your divorce in Minnesota.
An Uncontested Divorce: Resolution Between Spouses
If you get along with your spouse and believe you’re both on the same page about your divorce, this probably is your best option. You’ll talk with your spouse to get your wishes out on paper before filing them with the court. Your attorney will educate you about the law and help with your negotiations to ensure you feel well represented and believe the final agreement is equitable. There are fewer issues to address if you don’t have children with your spouse and don’t share a lot of marital property. Should this uncontested approach fail, you may need to enlist the help of a qualified neutral to employ other methods of resolution.
This could even be an option for high conflict divorces in Edina or if you and your spouse disagree in the areas of property division, child custody, spousal maintenance, or child support. The more areas of agreement you can find in these areas, the less time consuming and expensive it will be for you.
Mediation During A Contested Divorce
Some couples are not on the same page about all the legal aspects of their divorce, but they want to attempt to settle things between themselves through compromise. Before you go all in and let the family law court determine the terms of your divorce, the court will require you to try an alternative to court.
There are pros and cons to the mediation process. Whatever you discuss during mediation is private, and your conflicts with your spouse may be resolved more inexpensively. However, this isn’t a good option for couples who aren’t interested in compromise, and sometimes it takes several sessions to become clear that one spouse isn’t willing to budge.
Your Edina divorce lawyer will be present during mediation to make beneficial suggestions. Make sure you discuss your potential settlement with your Edina divorce lawyer before formally agreeing to it.
If you’ve tried mediation and you couldn’t finalize your divorce, you may need to pursue an in-court divorce.
Divorce in Court with a MN Divorce Lawyer
An in-court divorce can take longer than mediation, but it may be the only option for some spouses. If you’re anticipating a high conflict divorce to the point where you can’t be in the same room with your husband or wife, you may think it’s not worth attempting mediation, but the Court will require you to make a good faith effort at resolving as many issues as possible before it will give you a trial date. Even if you can’t resolve all of the issues in mediation, it can help you to narrow the issues for trial.
If your ex has been uncooperative since you first separated, an in-court divorce may be the only way to resolve complex child custody, spousal maintenance, and property division issues. If so, work with your Minnesota divorce attorney to prepare a solid case to present to the judge.
Prepare for Your Divorce with Edina Divorce Attorney
Considering a divorce in Minnesota? Edina divorce and family law attorney Willow Anderson knows how to achieve efficient, affordable, and outstanding results when it comes to divorce cases. Willow’s Edina divorce law firm has handled many collaborative and in-court divorces, and she is prepared to offer excellent legal representation no matter which path you choose. For a consultation and to learn which process might work best for your case, contact our Edina divorce law firm at (612) 843-2355.