What to Expect During An Intitial Consultation
Although divorce is quite common in our society, we understand that you probably haven't been through it before. Perhaps the most difficult decision in the entire divorce process is the one that you will make prior to contacting an attorney - the decision to dissolve your marriage.
Once you have determined this is the appropriate step for you to take, you may find yourself puzzled about where to turn. It is likely that you will speak with several attorneys to get a sense of the various approaches they may take in your case and to see if their personality is compatible with yours. At some point, you'll need to decide whether meeting with an attorney as part of an initial consultation is right for you.
We have the privilege of meeting with potential clients quite regularly. During our free initial consultation we try to gather some basic facts about your situation, provide some guidance as to the options that you may face, what the costs and timeframes are with each option and answer any questions you may have about the divorce process, our qualifications to handle the case and our opinion about the merits of your situation. Of importance, we determine together whether it is most appropriate to treat your case as a contested matter or an uncontested dissolution.
A typical consultation lasts approximately 30 minutes and takes place in our office or over the telephone. All information shared within the consultation remains strictly confidential and cannot be shared with anyone.
Toward the end of the consultation, we try to get a sense of where you are at with things. Many of the folks we meet with are just trying to get a broad perspective on what is to come, while others are ready to proceed with the action itself. We are not here to put pressure on anybody. However, if a potential potential client is ready to retain the services of our firm, we provide them with an in-depth client questionnaire to complete and return to us at their convenience. This allows us to have the key information necessary to properly represent them as we move forward.
There are two ways for litigants recover attorney's fees from the other party in a Minnesota divorce. The first involves need-based fees. The second involves fees awarded because of inappropriate behavior ("bad-faith conduct") on the part of the other party.
Minnesota law recognizes the right of the parties to a marriage to rewrite the laws concerning marital dissolution and, instead, contract concerning their rights and obligations should their marriage fail. This can be done in one of two ways. If the parties wish to enter into an agreement prior to their marriage, they will execute a prenuptial agreement. If the parties wish to enter into such an agreement after the date of marriage, they will execute a postnuptial agreement. These two documents are treated very similarly under the law, so they will be discussed collectively here. However, it is critically important to note that a postnuptial agreement is not valid unless both parties to the agreement are represented by an attorney. The involvement of a lawyer is strongly encouraged when drafting a prenuptial agreement, but it is not absolutely necessary under Minnesota law.
The Minnesota Court of Appeals has opined that experts retained on a neutral basis by the parties to an action for dissolution of marriage are not entitled to quasi-judicial immunity (they are not immune from being sued for malpractice).
Minnesota is a no-fault divorce state. A divorce will be granted in Minnesota without the necessity of proving that one of the parties is guilty of marital misconduct. In earlier times, a party to a divorce was required to demonstrate that the other spouse was at fault for causing a breakdown in the marriage. Adultory was by far the most common basis, but others included domestic abuse, abandonment and an inability to consumate the marriage.
