McCullough, Bowden & Cyr, P.A.
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Divorce and Family Law
We have five divorce and family law attorneys representing clients in divorce litigation, divorce mediation, collaborative divorce, child custody, child support, alimony, paternity, interstate and international child custody and support, and third-party child custody matters. Some of the questions that are frequently asked of us when hiring a divorce and family law attorney are:
What happens when I hire an 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 the client.
What's the first thing we do in a divorce proceeding?
If we are initiating the divorce, we will draft the divorce petition and arrange to serve it on the other party. Serving the other party with the divorce petition does not need to involve a third party delivering the papers to the other party if the other party is willing to acknowledge receipt of the papers by signing an "Admission of Service." If we are responding to the other party's divorce petition, we will reply to the requests in the Petition, and identify disputed issues and undisputed issues in the divorce.
Does it matter whether I initiate the divorce or my spouse does?
The 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 responding in the divorce proceeding (Respondent).
How long does it take to complete a divorce?
If all issues are undisputed, the 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. On average, a divorce that requires a court trial takes twelve to eighteen months. Your divorce may take a longer time, or a shorter time, depending on the specific circumstances of your case.
Child support guidelines in MN?
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 upwards or downwards from the guidelines. The Minnesota legislature passed a law effective January 1, 2007 for cases filed after that date which now takes both parents' incomes into consideration in all cases.
Will I receive or pay alimony or spousal maintenance?
There are no guidelines for alimony (the legal term of which is spousal maintenance). Many divorce cases involve no alimony, in which neither party pays alimony and neither party receives it. 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.
Guidelines for parenting time/visitation?
There are no specific guidelines in Minnesota law for child 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). If the court is presented with a dispute, the court will often obtain guidance from a neutral professional, such as a custody evaluator or a guardian ad litem, to determine what 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 the parties' agreed resolution of the disputed issue(s). The divorce and family law attorneys of McCullough, Bowden & Cyr, P.A., represent clients who are engaged in the mediation process, and advise them as they move forward in the mediation process. In addition, D. Patrick McCullough serves as mediator in divorce cases, and has established a reputation as one of the respected divorce mediators in Minnesota.
What is collaborative divorce?
Collaborative divorce is one way of resolving a divorce case without going to court, and the primary way of doing so knowing from the beginning that the case will conclude without contested court proceedings. In the collaborative process, the parties and attorneys agree at the beginning of the divorce case to refrain from resorting to court motions and trials throughout the entire proceeding. Where there are disputed issues, the parties negotiate and, as necessary, proceed with alternate dispute resolution, such as mediation, to reach an amicable conclusion to the divorce case. For more information on collaborative divorce, this link will launch the Collaborative Law Institute.
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. Cases that go to trial, whether the case requires more than the retainer fee, and how much more, depends on many different circumstances, some of which you and your attorney can control, and many of which you cannot. Typically, the client will pay a retainer fee to begin the case, that is usually in the range of $1,000 to $10,000, depending on the specific facts and complexities of the case. At McCullough, Bowden & Cyr, P.A., if at the end of the case the entire retainer fee has not been utilized, the remainder is refunded to the client.
What if my case involves one party in MN and one party in another state?
Interstate divorce, child custody and child support cases involve several bodies of law that deal with the court's jurisdiction to hear cases that involve parties who reside in more than one state. McCullough, Bowden & Cyr, P.A. has significant experience and expertise in advising clients on the best way to proceed with these kinds of cases.
What if the other parent of my child resides in a country other than the United States?
It is important for clients who are parties to a divorce or child custody case involving more than one nation to be properly advised about the court's jurisdiction under these circumstances. These cases involve court hearings, but often also involve contacts with embassies, peace officers, the National Center for Missing and Exploited Children and the Department of State. McCullough, Bowden & Cyr, P.A. provides strong representation in such cases, based upon expertise on jurisdictional issues, and experience with court proceedings, including those under the Hague Convention, to prevent losing custody of, or access to, your children).