Since 1975 Comprehensive Representation for Complex Family Law Cases.
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FAMILY LAW & Complex and High-Asset Divorce Lawyers St Paul, MN
When you hire the law firm of McCullough & Associates, P.A., you are hiring an award winning legal team. Our St. Paul lawyers have been recognized by their peers for excellence within the field of family law. We have earned our reputation for excellence in legal representation. You can be confident that the knowledge and experience we have to offer is invaluable, and our devotion to your satisfaction is second to none. We are known for our experience, our professionalism, ethical conduct, and our results.
At McCullough and Associates, P.A., we know that the legal process can be intimidating for some people. That is why we want to offer you the support, attention, and consideration that you deserve. We are a powerhouse when it comes to protecting your rights and negotiating even the most complex family law matters, but we choose to remain small enough to guarantee you personalized representation and attention from your lawyer and their staff. If you are looking for a St. Paul or Minnesota attorney to represent you in a family law matter look no further. Our legal team has a high level of commitment, honesty and integrity and experience. We have dedicated our practice to supporting the needs of our clients and their families.
We are a full-service family law firm, giving our clients personalized, professional service from day one until resolution of their issues. Our practice covers a wide range of family law matters, including divorce and legal separation, child custody and visitation, child support, property division, spousal/alimony support, modification or enforcement of current court orders, prenuptial and postnuptial agreements, and civil unions.
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AREAS OF PRACTICE
Minnesota has a no-fault system for divorce, meaning you do not need to prove that you are entitled to a divorce. The bad acts of either spouse are irrelevant in obtaining a divorce; however, these acts may affect the outcome of some of the terms of the divorce. Our attorneys recognize that divorces can be an emotionally difficult time. We work closely with our clients to explain the legal realities of their situation and work to restructure their family in a way that works best for them.
Minnesota uses a strict calculator to determine child support. Both parents’ incomes are used and compared with the allocation of parenting time, along with input of various expenses for child care and health care. Child support can be modified in certain circumstances.
There are two forms of custody, legal and physical. Legal custody is the right of a parent to make decisions about a child’s upbringing, including medical and schooling decisions. Physical custody is the right of a parent to have a child live with him or her, and includes day-to-day parenting. Sole or joint custody may be granted depending upon each family’s situation. Our attorneys assist clients in determining a custody arrangement that is workable for them.
Alimony, also called spousal maintenance, may be awarded to a spouse in a dissolution proceeding. This determination is based upon the need of one spouse as compared with the other spouse’s ability to pay. A spouse’s need is determined by comparing the standard of living during the marriage with the spouse’s ability to be self-supporting. Alimony may be granted on either a permanent or temporary basis.
Parenting time (previously known as visitation) may be awarded if it is in the best interests of the child. If parenting time is awarded, a parenting/visitation schedule must be created. Most of the time, parenting schedules depend largely upon the age of the child and the ability of the parents to communicate. Our attorneys work with each client to create a parenting schedule that is tailored to their unique family.
Upon divorce, each spouse generally retains his or her non-marital assets, which may include property owned prior to marriage, gifts, and inheritance. Non-marital assets may require elaborate and detailed tracing to show that the property is truly non-marital. Non-marital property may become marital property if each spouse contributes financially to property during the marriage. The court will then divide the remaining marital property in an equitable fashion.
HIGHEST HONORS AND RECOGNITIONS
Our founder, D. Patrick McCullough, has been named a Minnesota Super Lawyer every year since the honor began. His attorney-peers have also named him to one of the most prestigious family law appointments in the country, the American College of Family Trial Lawyers, an honor limited to only 100 lawyers in the entire country. We are here to help. Email or call us for a consultation.
The American College of Family Trial Lawyers (ACFTL) is an exclusive group of only 100 family law lawyers from across the country. Pat McCullough is one of three active members from Minnesota. Attorneys invited to join the ACFTL have not only demonstrated their extensive skills in litigation and the courtroom, but have worked with the some of the most sophisticated clients going through a divorce while facing complex personal and business situations.
HIGH NET WORTH DIVORCE
by Taylor Jordan, Attorney at Law
There are emotional and financial issues at play in any divorce and those issues can be heightened when there are large assets and income to be considered like there are in a high net worth divorce. High net worth divorces can be complex and bring their own unique set of issues. It’s important if you are contemplating divorce to meet with an experienced family law attorney to explain and help navigate these complex issues. For example, consider the following issues and determinations that may need to be considered when going through a high net worth divorce:
Income of Parties: If one or both parties has significant income, those figures need to be closely examined and addressed if child support and/or spousal maintenance (also known as “alimony) needs to be determined. Determining one spouse’s income involves looking at not only the gross earned wages that spouse receives, but also examining passive income and investment income. In situations where one spouse is not employed outside of the home, that spouse may be asked to undergo a vocational evaluation. That vocational evaluation is used to help determine potential income that spouse could be making outside the home if they undertake certain training and education that may be necessary for employment.
Property Division: When there are significant marital assets to be divided like there are in a high net worth divorce, it’s important to determine the values of each asset to ensure there is an equitable division of property. Sometimes this involves hiring an appraiser to determine the value of a house or other tangible asset. In certain cases, the use of an actuary expert may be necessary to determine the value of a financial account, or if there is a business owned by one or both spouses there may need to be a business valuation completed. If there are concerns about one spouse potentially hiding assets or money, a financial forensic expert could help trace funds and locate hidden assets.
Non-Marital and Marital: In a divorce, a large component of dividing property is first determining what assets are “marital” and subject to division in the divorce and what assets are “non-marital” and are a spouse’s separate property, if anything. In high net worth divorces, it’s fairly common for one or both spouses to have non-marital property, and it’s also common for spouses to have assets that have both a marital and a non-marital component. For example, if one spouse purchased a house prior to marriage, that spouse has a non-marital claim to the house. However, if marital income or funds are used to help pay the mortgage on that same house after getting married, there will also be a marital claim to the house which will need to be equitably divided in a divorce. A tracing analysis will need to be conducted to determine what component of the asset is marital and subject to division, and what component is non-marital.
Divorce is hard enough as it is. Don’t make it any harder on yourself and make sure you hire a trusted family law attorney to assist you through the complexities of the legal system. At McCullough & Associates, we have successfully handled hundreds of high net worth divorces and obtained the best outcomes for our clients. We work closely with experts throughout the divorce process to ensure that even the most complex attempts to hide assets will be discovered. We fight for our clients to ensure the fairest outcome is reached. If you have questions about a divorce, call us at 651-772-3446 to be connected to one of our experienced family law attorneys.