Margaux C. Soeffker, LLC | Minnesota Family Law | Divorce Issues & Misunderstandings
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Divorce Issues & Misunderstandings
  • Avoid the "kitchen sink" attorney who dabbles in many practice areas. Family law is a niche area of the law. In my opinion, you will be best served by a practitioner who thoroughly understands Minnesota Family Law and practices exclusively family law. 
  • That family law lawyers need to be adversarial to serve their clients – it's more effective to find professionals that help move your family to a new stage rather than intensify the conflict.
  • My case is really simple, or my case is really straightforward... Oh boy. 
  • "You don't need an attorney." The divorce will be more amicable without attorneys. We can just do this ourselves with the iCan forms or mediation...
  • My husband/wife said ... XYZ. Just because he says it doesn't make it so. Keep in mind your spouse is not looking out for your best interests in a divorce.
  • He's hiding assets. The divorce requires a full disclosure of all assets, liabilities, income and all relevant information.  
  • That the court will be fair and give you the fair answer you are looking for. "Having your day in court" is not cathartic. It is expensive, stressful, time consuming, and a roll of the dice. 
  • Protecting Non-marital funds. If you keep your money and accounts separate during the marriage you are protected – unless you have a prenuptial agreement, this is not accurate.  
  • That the other spouse should/will be punished for cheating.
  • There is no way the father should have any parenting time.  
  • Custody assumptions – Minnesota has "legal custody," "physical custody," and "parenting time." There is no presumption for 50/50 time. There is a rebuttable presumption that it is in the children's best interests that parents share joint legal custody and there is a rebuttable presumption for a minimum of 25% parenting time. 
  • Setting unrealistic vs. realistic expectations. There are no guaranteed outcomes. If you are promised a specific result by an attorney, be wary. 

“Never leave till tomorrow that which you can do today.”
-Benjamin Franklin