Family Law
The attorneys at McCarten Law Firm are experienced in 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, child custody, parenting time, spousal maintenance, child support, and property division.
The 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 the importance of providing care and compassion when tensions run high and clients are under the stress of family conflict.
The experience of getting divorced can be one of the most emotionally difficult and stressful times in a person’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 lawyers offer high-quality legal advice and representation when clients need it most and are available to offer clients the support and attention they need.
Divorce:
Minnesota is a “no-fault” state when it comes to divorce (or dissolution of marriage). This means that 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 the terms of the final divorce order. In any case, we work very closely with our clients to explain the legal realities of each case and work hard to ensure our clients’ 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 and gifts/inheritances received during the marriage. Detailed tracing is often required to show that property is non-marital. Property can become marital in nature if the spouses co-mingle their assets. Courts are required to divide marital property equitably. Read more about Property Division…
Spousal Maintenance:
Spousal maintenance (or alimony) may be awarded in a divorce proceeding. Spousal maintenance is determined by comparing the spouses’ financial need and ability to pay. Financial need is determined by comparing the standard of living during the marriage with the ability to self-support after the marriage has ended. Spousal maintenance can be temporary or permanent. Temporary maintenance is intended to allow for time to return to the work force. Permanent maintenance is awarded in long-term marriages in which one spouse gave up working to support the family household. Read more about Spousal Maintenance…
Child Custody:
Custody can be divided into two categories – legal custody and physical custody. Legal custody is the right of a parent to make major decisions regarding the child, including religious, schooling, and medical decisions. Physical custody is the right of a parent to have a child live with them and includes day-to-day parenting. Either sole or joint custody may be granted depending on the circumstances. The attorneys at McCarten Law Firm are experienced in assisting clients reach satisfactory custody arrangements that are in the best interests of the child. Read more about Child Custody…
Parenting Time:
Parenting time is awarded based on the best interests of the child. When parenting time is awarded, a parenting time schedule must be created. Typically, parenting schedules depend on the child’s age and the parents’ ability 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 compared, along with the 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…
