Family Law

Monticello Family Law Attorneys

Although we are skilled and tenacious litigators, we also have a wealth of experience in using forms of alternative dispute resolution (ADR) to settle divorces and family disputes. ADR can often prove more efficient and more cost-effective than contentious litigation, and result in a resolution that pleases both parties, preserving the civility of a relationship that often must continue after the dissolution of a marriage, particularly if there are child custody or support arrangements involved. We help families with:

• Paternity
• Third Party Custody / Grandparent Visitation
• Adoption

Monticello Divorce Attorneys

Divorce is one of the most challenging and emotionally charged events a person can go through. It signifies the end of a marital relationship and involves a multitude of legal and personal issues that need to be addressed. At Smith, Paulson, O’Donnell & Erickson, PLC, our team of Monticello family lawyers provides compassionate and comprehensive legal support to individuals navigating the complexities of divorce.

Divorce involves several critical aspects that require careful consideration and guidance. These include the division of marital property, determination of spousal support (alimony), and the establishment of child custody and support arrangements. Each of these components can have a profound impact on your financial stability and personal well-being, making it essential to have knowledgeable family law attorneys in Monticello by your side.

One of the primary concerns in any divorce is the equitable division of marital property. This process involves identifying and valuing all assets and debts accumulated during the marriage. Our Monticello family law attorneys work diligently to ensure that your interests are protected and that you receive a fair share of the marital estate. We understand the nuances of Minnesota’s property division laws and leverage our legal knowledge to achieve favorable outcomes for our clients.

Spousal support, or alimony, is another critical issue that often arises in divorce proceedings. The purpose of alimony is to provide financial support to a spouse who may be economically disadvantaged as a result of the divorce. Factors such as the length of the marriage, the standard of living established during the marriage, and the financial needs and abilities of both parties are considered when determining alimony. Our family lawyers in MN are skilled in negotiating and advocating for fair spousal support arrangements that reflect the unique circumstances of each case.

Prenuptial + Postnuptial Agreements

Prenuptial agreements are often misunderstood. They are sometimes viewed as an attack on trust or evidence that financial matters outweigh love in a marriage. However, this is not necessarily true. Many prenuptial agreements are made by couples who have children or grandchildren from prior marriages and want to ensure that individual property, such as businesses or estates, is passed down to their family rather than to their spouse. Regardless of the circumstances, prenuptial agreements should be approached thoughtfully and without emotional misconceptions.

Deciding whether to have a prenuptial agreement with your future spouse depends on your specific circumstances and individual needs. Financial planners and divorce attorneys often recommend considering a prenuptial agreement if any of the following situations apply: there are children from a previous marriage, individual ownership of a business or family company, significant individual assets, substantial income disparity between parties, or concerns about a future spouse’s personal debt. Given that laws regarding marital property and the division of assets vary from state to state, a prenuptial agreement can serve as a legal protection mechanism for both parties.

It’s important to note that the terms of a prenuptial agreement can be modified after marriage if both parties decide to do so. Any terms not altered will remain intact unless both parties revoke the entire agreement in writing.

Postnuptial agreements, which are becoming increasingly common, are similar to prenuptial agreements but are drafted and signed after a couple has been married. Postnuptial agreements can be created at any time during the marriage and can be altered in the same way as prenuptial agreements. This flexibility allows couples to address changes in their financial circumstances or personal situations that may arise after the wedding.

Monticello Mediation Services

Smith Paulson, O’Donnell & Erickson offers mediation services in the area of family law. The benefits of mediation include:

• The parties control their own decisions
• Because the decisions are their own, the parties are far more likely to comply with their final agreements. Post-divorce conflict, with potential litigation and additional costs, is less likely to occur
• Mediation is faster than litigation
• Mediation is less expensive than litigation

Alternative Dispute Resolution (“ADR”) processes are alternative methods of helping people resolve legal problems before going to court. ADR involves an independent third person, called a “neutral” who tries to help resolve or narrow the areas of conflict.

The use of ADR early in a case can result in the more efficient, cost-effective resolution of disputes with greater satisfaction to the parties. A great majority of the civil cases, including marital dissolutions (divorces), filed in Minnesota state courts are settled by using ADR.

Since the early 1980’s, alternative methods have been developed to help people resolve legal problems, without resorting to litigation. These techniques, known as alternative dispute resolution (ADR), involve an independent third person or neutral who tries to help resolve or narrow the areas of conflict. The use of ADR early in a case can result in the more efficient, cost-effective resolution of disputes with greater satisfaction to the parties.

A great majority of the civil cases, including divorces, filed in Minnesota State courts are settled without a trial. Yet, most cases do not settle until after the parties and courts have spent a lot of time, money, and emotional energy, and the taxpaying public has borne a great deal of expense.

Minnesota courts recognize the effectiveness of ADR as a tool for settling conflicts. In response, the courts provide parties and their attorneys, if represented, with ADR information when they file a civil case. The parties must consider whether to use ADR to help resolve the dispute.

Rule 114 of the Minnesota General Rules of Practice describes the procedures for deciding whether to use ADR. The Rule mandates the court provides parties with information on ADR. Parties are required to discuss the use of ADR and address this issue in the informational statement filed with the court. This does not mean parties are required to settle their differences through ADR. They are required, however, to at least discuss their differences with the neutral and attempt to resolve their differences prior to a trial.

Types of Alternative Dispute Resolution

Early Neutral Evaluation. (ENE). A forum in which attorneys present the core of the dispute to a neutral evaluator in the presence of the parties. This occurs after the case is filed but before Discovery (the formal process of gathering information pertinent to the pending litigation, which may include written interrogatories, document production and depositions) is conducted. Attorney Carly West Holler serves as an early neutral evaluator in family law disputes.

The neutral then gives a candid assessment of the strengths and weaknesses of the case. If settlement does not result, the neutral helps narrow the dispute and suggests guidelines for managing discovery.

Mediation. A forum in which a neutral third party facilitates communication between parties to promote settlement. A mediator may not impose his or her own judgment on the issues for that of the parties. Attorney Carly West Holler frequently serves as a mediator in family law disputes.

Call to schedule your mediation session with our skilled mediators and early neutral evaluators today.