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How are attorney fees in a Minnesota divorce case paid and who is responsible for payment?        

Client is solely responsible for paying their own attorney fees which are incurred working on client's case.  To hire us, and until the conclusion of the case, we require client to sign a written retainer agreement and pay an advanced amount as a retainer fee payment.  This retainer payment is deposited into our client trust account, and we bill against that amount for work done in client's case.  Our attorney charges an hourly rate.   If the amount of client's funds held in trust runs out before the case comes to a conclusion, an additional advance retainer fee payment will be requires.  In sum, client is solely responsible to pay their own attorney fees to us, and payment in advance is required.  If there are funds remaining in the client trust at the conclusion of the case after all attorney fees and costs are paid, the remaining amount is refunded to client. 

In a Minnesota divorce case, the court may issue an order requiring the other party to pay a certain amount for the other party's attorney fees, however, client is still primarily responsible to pay their own attorney per the terms in the written retainer agreement signed by client.

In child custody cases in Minnesota, is there an age at which the child can decide with which parent they want to live?

        

Answer:   No, and this has never been the law in Minnesota.    This is probably one of the most widely spread yet inaccurate belief about child custody laws.  The Court in Minnesota does not hand over to a minor child the sole authority to make legally binding decisions on what is in their own best interests.  They are minor child and even if they are 17 years old, they do not have that legal authority to decide.   The preference of an older minor child may factor into what the judge ultimately decides, but minor children have never been called to testify before the court as a witness in the 27 years I have practiced family law.  The best practice is to keep your children out of the middle of your divorce or custody case.  Remember, your children have a different type of relationship with the other parent than you do, and children can't pick who they have as a mother or a father.  

Answer:   No.

I got divorced, and my ex spouse was awarded the house.  I signed him over a quit claim deed but my credit report still shows I am on the home mortgage and I want to know why?        

A quit claim deed after a divorce decree has been entered only effects title ownership of the home.  The mortgage is who is liable to pay for the home. If you were joint on the mortgage with your spouse at the time of divorce, make sure to ask for terms in the decree which require the other party to refinance to remove you from the home or otherwise, the home be sold.

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