Answers To Common Divorce Questions

Whether this is your first divorce or you have been through the process before, you will have questions about what is going to happen in your case. At Melinda Weerts Law, PLLC, we wanted to take a moment to address some of the most frequently asked questions about divorce that we have received from past clients. We would like to stress that each situation is different, and that you should come in to talk to us for more detailed information about your options.

Does my spouse have to agree to the divorce?

No. If you have decided to end your marriage, your spouse cannot prevent the divorce from happening. Now, he or she can make the process more difficult and contentious, but, we will be able to help you take the steps necessary to obtain your divorce. You can get a divorce even if your spouse never signs a thing, and even if you do not know where to find your spouse.

What is going to happen to the kids?

Unfortunately, there is no easy one-size-fits-all answer for this question. Child custody and parenting time agreements are some of the most difficult issues that need to be addressed as part of a divorce. Even if you and your spouse agree on most matters concerning custody, there are still going to be things that could derail the entire agreement.

While a quick answer might not be possible, here are a few details that you need to know. If the courts are asked to decide custody or parenting time, they will issue a ruling that they feel is in the child's best interests. Courts in both North Dakota and Minnesota have specific factors that they must consider when deciding what is in a child's best interests. You will not have any control over the decision that they reach, and this could have an extremely negative effect on your ability to play a meaningful role in your child's life.

We stress that parents work together to resolve custody issues, rather than having a stranger make such important decisions for their children. You know your children, their needs, their schedules, and your own far better than anyone else ever could. The extra time that you might spend discussing your concerns has a better chance of leading to an agreement that stands the test of time. You and your co-parent will learn how to communicate with one another, and can prevent small disagreements from becoming major problems.

How long will the process take?

This is another question that really depends upon your situation. If you and your spouse have a basic understanding and have reached agreements on most matters, things can get finalized relatively quickly. However, if you are both fighting over every single issue, the process can become much more drawn out. A divorce might take a few weeks, or it might take a few years, and that depends upon the spouses' commitment to fighting more than any other fact.

Our lawyers are focused on finding an efficient resolution of your divorce whenever possible. Our two decades of combined legal experience handling complex divorces has provided us the knowledge needed to handle even the most seemingly hopeless of cases. We are committed to handling your case with compassion and giving you the advice you need to build a better future.

What will this cost?

There are a few different components that we feel people need to think about when they consider the costs associated with a divorce. On one hand, there are the costs of making a bad deal, and on the other, the costs of paying for an attorney.

Just like the length of divorce, the cost of paying an attorney for your divorce depends upon your unique situation, as well as you and your spouse. Here too, the single biggest factor that affects the out of pocket costs and fees is one or both spouses' commitment to fighting as much as possible. At Melinda Weerts Law, we strive to save costs for our clients as much as possible, but only where those savings will not reduce the quality of your representation.

The costs of a bad deal are far greater than the cost of paying an attorney, and they can haunt you long after a divorce is officially completed. If you agree to something without understanding the consequences, you may never be able to overcome what you lost. The costs to you in this situation can be overwhelming, because there isn't anything that you can do to change these agreements. Even if there is something that can be done, the cost for an attorney to "fix it" are almost always much, much higher than it would have cost to just have it done right in the first place.

Now, you may have concerns about what it costs to have an attorney handling your case, but, think about the costs of doing things the wrong way. If you make poor decisions, you are just going to cost yourself more time and money in the future. Hiring an attorney who is familiar with the issues in your case can make this entire situation much easier for you to manage.

Schedule Your Free Consultation

We want you to have the opportunity to learn if we are the right firm for you. To schedule your free consultation, please call our Fargo office at 701-297-2234 or send us an email. We are licensed in Minnesota and North Dakota, and represent clients throughout the Fargo-Moorhead region.