FAQ & Links

How important is the selection of my divorce attorney?

It is extremely important that you have excellent legal representation during the divorce process. Divorce-related issues, such as custody and access to minor children, child support, spousal maintenance (alimony), division of property, division of debts, and insurance coverage, will affect you and/or your children for many years after your divorce is completed. At Swaden Law Offices, you can be confident that you will be provided with the highest quality of legal representation.

Why should I select Swaden Law Offices over one of the larger Twin Cities law firms?

The attorney you select must "fit" your specific needs. If you select Swaden Law Offices to represent you, you will be selecting a smaller suburban law office that prides itself on the personal relationship it has with its clients. Your case will be assigned to one attorney and one legal assistant. When you telephone our office, your phone calls will be answered immediately, unless we are in conference or in court, in which case your calls will be answered within a few hours. Parking is free, and we are conveniently located and accessible to all Twin City residents. You will be directly involved in each step of your case, and decisions will be yours to make after being fully advised of the law.

How much will my divorce cost?

You will be charged at an hourly rate for all work performed by your attorney and legal assistant. This includes telephone calls you make to our office and all telephone calls we make to you, the court, your spouse's attorney, and any other third person involved in your case. You will be billed to the nearest one-tenth of an hour for all work performed (the smallest billing increment is .1, or 6 minutes). You will also be billed for filing fees and other costs (photocopying, postage, facsimiles, etc.). Every case requires the payment of a refundable retainer fee. The retainer fee will vary depending upon the complexity of your case and the attorney you select to represent you. Each month, you will receive a billing statement showing how much time has been spent on your case and how much of your retainer fee has been used. If your case is completed before your retainer fee is exhausted, you will receive a refund for the unused portion. If your retainer fee is used and your matter has not yet been completed, you are expected to pay your fees in full each month when billed.

Will my spouse be responsible to pay a portion or all of my attorney's fees?

Unless your spouse agrees, it is up to the court to decide if one party must pay for the other party's attorney's fees. The court's decision will be based on both parties' abilities to pay, and whether one of the parties caused the proceeding to be delayed due to his/her conduct.

When I come in for my initial consultation, will there be a consultation fee? If so, why do other attorneys do free consultations?

There will be a charge for the initial consultation. The charge is usually the equivalent of one hour at the attorney's billable hourly rate. The initial consultation usually takes 60 to 90 minutes, but could even be longer. Most attorneys who give free consultations limit them to 30 minutes. We have found that 30 minutes is insufficient to adequately inform and advise a prospective client. It is important for a prospective client to leave the initial consultation with all the information necessary to make decisions on how to proceed and to have all his/her questions answered.

How long will it take for my divorce to be completed?

It all depends upon your spouse and his/her desire to resolve the issues quickly and amicably. If parties can agree on how the issues in their case should be resolved, the divorce can be finalized quickly, sometimes within 30 days, at a significantly reduced cost. If you or your spouse disagree and need the court's assistance to resolve issues, the divorce could take up to a year to be completed, depending upon the county in which the action is brought.

If Minnesota is a "no fault" divorce state, what is there to fight about?

In Minnesota, you do not need to prove fault in order to be granted a divorce (a dissolution in Minnesota). A party only needs to allege an "irretrievable breakdown of the marriage" in order to be granted a divorce. However, the issues of child custody, visitation (parenting time), child support, alimony (maintenance), property division, etc. can all be contested issues.