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Divorce & Family LawWhat happens when I hire a divorce attorney at your office?
In most cases, that attorney becomes your attorney of record, and is able to file and serve legal documents on your behalf and to receive documents on your behalf. The specific steps taken by the attorney vary based upon the facts and circumstances of the case, and will be determined in consultation with you.
What's the first thing we do in a divorce proceeding?
If you are initiating the divorce, we will draft the divorce petition. We can arrange to serve it on your spouse; however, serving your spouse with the divorce petition does not need to involve a third party delivering the papers to the spouse, if the spouse is willing to acknowledge receipt of the papers by signing an "Admission of Service." If you are not initiating the divorce, we will reply to the requests in your spouse's divorce petition, and identify disputed issues and undisputed issues in the divorce.
Does it matter whether I initiate the divorce or my spouse does?
Both parties are entitled to the same results in court, and are subjected to the same obligations to receive those results, whether they are the party initiating the divorce (Petitioner) or the party responding in the divorce proceeding (Respondent).
How long does it take to complete a divorce?
If all issues are undisputed, a divorce can be completed in as little as a few weeks. If there are major disputes that need to be litigated in court, the divorce can take many months. On average, a divorce that settles out of court takes two to five months. A divorce that requires a court trial takes, on average twelve to eighteen months. Your divorce may take a longer time or a shorter time depending on the specific circumstances of your case.
What are the child support guidelines in Minnesota?
Previously, the parent with physical custody (obligee) received child support from the other parent (obligor) based upon guidelines set forth in Minnesota law that considered the obligor's income only. The court could set child support in accord with the guidelines or exercise discretion to deviate upward or downward from the guidelines. The Minnesota legislature passed a law effective January 1, 2007, which now takes both parents' incomes into consideration in all cases.
Will I receive or pay alimony?
There are no guidelines for alimony (also known as spousal maintenance). Many divorce cases involve no alimony, in which neither party pays nor receives alimony. If there is a substantial income disparity between the parties, and the parties have been married a long time, there is greater likelihood of alimony. You must discuss the specific facts and circumstances of your case with your attorney to rule in, or rule out, the possibility of alimony.
Are there guidelines for parenting time/visitation?
There are no specific guidelines in Minnesota law for parenting time (formerly called "visitation") with the child's non-custodial parent. In many cases, the parents are able to agree on a parenting schedule that is suitable for the children. However, if agreement cannot be reached, the dispute will be presented to the court for a decision. In those instances, the court will often obtain guidance from a neutral professional, such as a custody evaluator or a guardian ad litem, to determine what parenting schedule is in the children's best interests.
What is divorce mediation?
Divorce mediation is a process of resolving the issues in a divorce case by agreement of the parties, instead of by the decision of the court after a trial. After it is determined that there are disputed issues, and before the disputed issues are litigated in court, the issues are presented to a mediator, who is a neutral professional who has no authority to render a decision on the disputed issues. The mediator assists the parties in finding common ground, reasonable concessions, or creative solutions, to facilitate a mutually agreed upon resolution of the disputed issue(s).
What fees can I expect to pay? How would I be billed?
Divorce attorneys are not permitted to work on a contingency basis, where the attorney receives a share of the total award. Attorney's fees in divorce cases are almost always on an hourly basis. Therefore, the client can expect to pay higher fees for cases that require a great deal of time, and lower fees for cases that resolve relatively quickly. The cost depends on many different circumstances, some of which you and your attorney can control, and some of which you cannot. Typically, the client pays a retainer fee to begin the case, ranging from $2,000 to $5,000 depending on the specific facts and complexities of the case. At Bowden ♦ Cyr ♦ Mortel, if at the end of the case the entire retainer fee has not been utilized, the remainder is refunded to the client.
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  Divorce & Family LawThe matters involved in divorce and family law are often difficult and life-altering. The attorneys at Bowden ♦ Cyr ♦ Mortel understand this and provide aggressive representation that is solution-oriented without the unnecessary escalation of conflict. Whether we employ the use of litigation, mediation, or other forms of alternative dispute resolution, our attention is always focused first and foremost on the needs of our clients. We resolve and finalize all legal matters in a mindful manner representative of our integrity and compassion.Bowden ♦ Cyr ♦ Mortel represents clients in all aspects of Family Law matters including divorce, child custody, parenting time disputes, child support, alimony/spousal maintenance, marital and non-marital property, third-party custody, grandparent visitation, and paternity. 
Call us now toll free at 866-602-2254 or click here to contact us via email.
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