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FAQs

What Constitutes A Civil Case?

Civil litigation is different than criminal litigation, but the structure contains the same fundamentals. Both parties involved present their arguments to the judge and the judge then evaluates the evidence. This evidence will determine the judge’s verdict in the case. Civil cases are usually those involving two people who have a dispute. Divorce is an example of a civil matter because it is not a criminal matter.

What Is Family Law?

Family Law involves legal matters within a family. Adoption falls within family law, as well as grandparents rights, and a step parent’s desire to adopt a step child as their own. Divorce also falls within the category of family law and so does orders for protection against a family member or restraining orders. Prenuptial and postnuptial agreements, child support, spousal support, and property division are other examples. Family court takes care of family matters and each party can seek the assistance of a MN family law attorney.

What Is The Divorce Process Like?

Some divorces are easier than others. Those that require assets to be divided are more complicated than those that don’t. When there are children involved, there may be a custody battle or the parent may agree upon a visitation schedule with the non-custodial parent. The process starts with one spouse contacting a Minnesota divorce attorney and preparing a complaint that is then filed with the court and served to the other spouse by the court. The served spouse has a time limit in which to respond in which no answer usually means the divorce is not contested. The other spouse should acquire an attorney so that they have representation on their side. A discovery will be scheduled in which any relevant documents are exchanged between the parties, such as issues regarding spousal support, division of property acquired during the marriage, child support, custody, etc. A settlement will be worked toward and then submitted to the court once it is achieved. If and when the judge approves the settlement, a divorce decree with the terms the parties agreed to will be issued and must be adhered to. If the judge does not approve, a trial will be had. At the trial, each side must present evidence and argue their case so that the judge can reach a decision.

What Is A Free Consultation?

A free consultation is the opportunity for you and the attorney to meet. There are decisions that are made during this consultation. First, the attorney gets to know you and you get to know them by learning about their services, rates, and how they will work for you if the attorney decides to take your case. The decision to take your case is dependent upon facts that are presented during the consultation. There is no charge for this meeting. If you do agree to work together, then you can start any necessary paperwork and discuss how fees will be paid and will be informed of the process that you will undergo so that you will know what to expect.

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