The attorneys at McCarten Law Firm are experienced in the area of family law and offer several services to assist you and your family in difficult times.  Our attorneys are knowledgeable and experienced in proceedings involving divorce, spousal maintenance, child custody, child support, and property division.

Family law attorneys at McCarten Law Firm understand that family law disputes are often emotionally charged and can be draining on clients.  Our lawyers understand that care must be given when tensions run high and clients are under the stress of family confrontation.

The experience of getting divorced can be one of the most emotionally difficult and stressful times in a client’s life.  The attorneys at McCarten Law firm believe that supporting our clients while they are experiencing family transition is a crucial aspect of our representation.

Our Alexandria lawyers are available to offer clients the support and attention they need.  We offer knowledgeable and experienced legal advice and representation when clients need it most.

Divorce:
Minnesota is a “no-fault” state when it comes to divorce (or dissolution of marriage).  That means the court is not necessarily interested in whose fault the divorce might be, and that you do not need to prove that you are entitled to a divorce.  More specifically, the bad acts of either spouse are not relevant in obtaining the divorce itself.  That said, in rare cases, the bad acts of one spouse may have some effect on some of the terms of the final divorce.  In any case, we work very closely with our clients to explain the legal realities of each case and work hard to ensure our client’s best interests are protected throughout the process. Read more about Divorce…

Property Division:
At the time of the divorce, each spouse may retain his or her non-marital assets.  Non-marital assets include property owned prior to the marriage, or gifts and inheritances received during the marriage.  However, non-marital property can become marital in nature if the spouses commingle their assets. Many times, elaborate and detailed tracing is required to show that property is non-marital. Courts are required to divide remaining, marital property equitably. Read more about Property Division…

Alimony/Spousal Maintenance:
Spousal maintenance may be awarded in a divorce proceeding.  Spousal maintenance is determined by comparing the need of one spouse and the ability of the other spouse to pay.  A spouse’s need is determined by comparing his/her standard of living during the marriage with that spouse’s ability to self-support.
Spousal maintenance awards can be permanent or temporary.  Temporary maintenance is intended to allow the recipient spouse time to return to the work force.  On the other hand, permanent maintenance is awarded in long-term marriages in which one spouse gave up working to support the family household. Read more about Alimony/Spousal Maintenance…

Child Custody:
Custody can be divided into two categories:  legal custody and physical custody.  Physical custody is the right of a parent to have a child live with him/her and includes day-to-day parenting.  Legal custody is the right of a parent to make decisions regarding the child’s upbringing, including religious, schooling, and medical decisions.
Sole or joint custody may be granted depending on the circumstances.  The attorneys at McCarten Law Firm have experience in assisting clients in reaching custody arrangements that work for the clients and that are in the best interests of the child(ren). Read more about Child Custody…

Parenting Time:
Parenting time is awarded based on the best interests of the child(ren).  When parenting time is awarded, a parenting time schedule must be created.  Typically, parenting schedules depend on the age of the child(ren) and the ability of the parents to communicate and co-parent.  Our attorneys work with each client to create a parenting time schedule that is tailored to their specific circumstances. Read more about Parenting Time…

Child Support:
Minnesota uses a specific calculation, created by the legislature, to determine child support.  The incomes of both parents are considered and compared, along with percentage of parenting time, and various expenses for child care and health care.  If child support has already been determined, it can be modified in certain circumstances. Read more about Child Support…