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Trust An Attorney Who Can Answer Your Questions

Navigating a complex family issue can be difficult on your own. The team at Nilson Brand Law has handled the most complicated problems. Not knowing what lies ahead can place an incredible amount of weight on your shoulders. Let us take some of that burden. Since we know what is on the line, we prioritize our clients and their best interests. There is no one who will work harder to make sure you are protected as you move forward.

Do I need an attorney for a separation?

As with any situation, there is no right or wrong answer. A family law attorney will certainly be helpful when contemplating a legal separation. An attorney can not only help walk you through the process, but they may also be able to point out things you and your spouse may not have thought of yet.

What would be a reason to have an attorney for a separation?

An attorney can take the emotion out of the situation and help you think more objectively. It is easy to get caught up in the “we agree” and “everything will be fine.” Things may be fine now, but that doesn’t necessarily mean that a decent agreement, with lots of detail, should be foregone.

Are a separation agreement and a postnuptial agreement the same thing?

A separation agreement and a postnuptial agreement are used in different situations. A separation agreement is used when spouses are contemplating a separation and want to legally separate their financial obligations, lay out a parenting plan, etc. The court would issue a decree of legal separation, which is a court order.

A postnuptial agreement is similar to a prenuptial agreement except that it can be entered into after marriage. A postnuptial agreement may be helpful if a business is purchased during the marriage or one party is expecting to receive an inheritance. However, it is not a court order, and it is not necessary to begin a court proceeding. We talk about postnuptial agreements for potential stay-at-home parents in this blog post.

Does it make sense to have a separation agreement if I know that my marriage is going to end in divorce?

Marriages end in all sorts of ways, and a separation agreement may be right for you but wrong for the next person. A legal separation is sometimes appropriate if the parties do not believe in divorce for religious reasons, or they may wish to remain legally married but separated for tax or insurance reasons.

Some individuals simply are not ready to fully pursue divorce, but they want to outline their rights and obligations to each other in the meantime. In the event the parties reconcile, they can ask the court for an order to dismiss the legal separation. In the event the parties do wish to be divorced, the parties may ask the court to convert their decree of legal separation into a decree of divorce.

My marriage is falling apart; I know we’re getting divorced – what should I do?

The first step is to hire a competent attorney who will keep your best interest in mind. Hiring an attorney doesn’t mean that paperwork is going to be filed or served immediately; it just means you have someone looking out for you. Your attorney will be able to walk you through the divorce process, what to expect, and what your options may be. An attorney can help you take an objective approach and plan best for your future and that of your family.

How can I keep things amicable between me and my spouse?

Divorce is a very difficult time for all involved. This is the time to find your new normal. The best way to keep the peace is to remember that at one point you cared for the other person. There is no fault in recognizing that your lives are going in two different directions and that you are better apart than together.

If my spouse and I get a divorce, how do I get custody of my kids?

There is no sure-fire way to get custody. In North Dakota, the courts often take a standpoint that kids benefit from continuous and meaningful contact with both parents. In most situations, this means that parents share in residential responsibility. If this is simply not in the best interest of the child, one parent may be granted primary residential responsibility (custody), while the other receives some degree of parenting time (visitation).

How will our assets be divided?

Assets and debts are divided “equitably.” Equitable division of assets does not necessarily mean 50/50 but rather means the court will look at a number of factors, which may include how the assets were obtained, who owns them, the financial equality of the parties, etc.

Generally speaking, assets and debts are divided equitably (which doesn’t necessarily mean equally). Assets include retirement accounts and real estate but can also include tangible property such as heirlooms. The first step is to sit down and make a comprehensive list of all assets and who owns them (you, your spouse, or both of you).

What makes Nilson Brand Law a good choice for me?

Nilson Brand Law is composed of five attorneys with a combined 55 years of experience. Our attorneys work as a team. This means that when you hire one of our attorneys, you receive the collective experience of all of them. Every one of our attorneys and staff members has a unique background, and their experiences help them to provide you excellent legal representation with compassion. You can learn more about our team here.

Who else will I work with?

In addition to the attorney you choose to represent you, you will have the opportunity to work with one of our highly trained senior paralegals. Our paralegals have worked on countless cases and take pride in making sure you are happy with your representation. Your case may also necessitate hiring a financial specialist, an appraiser, or even a parenting investigator.

What can I expect in my divorce case regarding the outcome?

No two divorces are the same. Sitting down with an attorney and creating a game plan for your divorce will help you determine what your outcome may look like. Our staff will walk you through each step and what to expect next. Our goal is to make sure that this process is as smooth as possible.

Call Today To Schedule A Consultation

Are you ready to work with the experienced team of lawyers at Nilson Brand Law? Please use our contact form to get a hold of us so that an attorney from our team will get back to you within 24 hours. You can also call our office in Fargo at 701-864-3417. We serve clients throughout the Red River Valley.