Our Law Firm helps people with their family law needs including contested and uncontested divorce, child custody issues, child support, spousal maintenance, paternity, domestic abuse and violence, property and debt division, prenuptial agreements, and more.

We are dedicated to protecting your interests and providing professional and compassionate service.  We proudly provide assistance throughout the State of Minnesota, and offer free in-home visits.  If you need assistance, please contact us today for a free, no obligation consultation.

Call the office nearest you or click here to use our online contact form.

Minneapolis Area 612-767-2009
St. Paul Area 651-789-0059
Southern Suburbs 952-767-0121
Northern Suburbs 763-231-0383
Or call toll free 1-866-777-2557

Family law issues can be difficult on everyone involved.  Below is a list of frequently asked questions.

What is the difference between contested and uncontested divorce?

There are two types of divorce, contested or uncontested.  An uncontested divorce is one where the spouses can reach an agreement as to the terms of the divorce without having to go to trial.  This is the cheapest and most effective way to dissolve the marriage.  A contested divorce occurs when the parties can’t reach agreement on key issues such as child support or child custody.

Uncontested divorce is quicker, cheaper, and a more efficient process.  In Minnesota, an uncontested divorce can be completed as quickly as 90 days (as opposed to a contested case which can take several years in some instances).  Uncontested divorce is often preferred because it offers more control to the parties and is more predictable.  Keep in mind, that if you retain our law firm to help you with an uncontested divorce, we only represent you.

What is involved in an uncontested divorce?

After you have had a consultation with one of our attorneys, you will be asked to complete a detailed questionnaire.  Next, we will draft a preliminary martial termination agreement that incorporates the terms that are satisfactory to you.  After you and your spouse have had a chance to review the agreement and make any necessary changes, and the final terms are reached, we draft the pleadings and get them filed with the court.  The court will make a judicial assignment, and schedule a hearing.  Once we receive a final signed order, a notice of filing is drafted.

What is involved in a contested divorce?

A contested divorce occurs when the parties can’t reach agreement on key issues such as child support or child custody.  A contested divorce has 4 main components, 1) case evaluation, 2) investigation and discovery, 3) settlement talks, and 4) trial.

The case evaluation is a detailed and meticulous process where the attorney gathers all of the necessary information from the client and determines the best case strategy.  This can include gathering income documentation, insurance information, title to real estate and other property, etc.  The next step is drafting the summons and petition, commencing service, and getting the case filed with the court.  The discovery process is comprised of information gathering and sharing.  At this point in the case, we request information from your spouse.

When we feel that we have received all of the necessary information, we will begin to discuss the possibility for settlement.  This can be done through mediation, arbitration, or other alternative dispute resolution.  If that doesn’t work, we will attend the pre-trial hearing.  If a successful resolution can be reached, we will draft a martial termination agreement which outlines the applicable terms and present it to the court for final approval.  The overwhelming majority of cases will be resolved before going to trial.  However, every case is different and some cannot be resolved amicably and end up going to trial.  In Minnesota, cases are tried before a Judge, not a jury.

What is Child Custody?
If you have minor children, the court needs to determine who will get custody and what those terms are.  There are two basic types of custody, physical and legal.  Physical custody usually means you are responsible for the day to day care of your child, while legal custody means you are responsible for making the major decisions for the child like education, or health care).  Both types of custody can be shared, or assumed by one parent if the parties agree.

Minnesota statute 518.17 lays out the factors that are used in determining the best interests of the child.  Some of these include:
 
1. The wishes of the child's parent or parents as to custody;

2. The reasonable preference of the child as to custody, if the court deems the child to be of sufficient age to express preference;

3. The child's primary caretaker;  

4. The intimacy of the relationship between each parent and the child;  

5. The interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests;

6. The child's adjustment to home, school, and community;  

7. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;  

8. The permanence, as a family unit, of the existing or proposed custodial home;  

9. The mental and physical health of all individuals involved; except that a disability of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custody arrangement is not in the best interest of the child;

10. The capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any;  

11. The child's cultural background;  

12. The effect on the child of the actions of an abuser, if related to domestic abuse that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and  

13. The disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.

What about joint custody?  Some of the factors that a court will consider in determining whether or not to grant joint custody include:

1. The ability of parents to cooperate in the rearing of their children;

2. Methods for resolving disputes regarding any major decision concerning the life of the child, and the parents' willingness to use those methods;

3. Whether it would be detrimental to the child if one parent were to have sole authority over the child's upbringing; and

4. Whether domestic abuse has occurred between the parties.

Once child custody is determined, can it be changed?

Yes, courts are free to modify custody agreements if the facts necessitate it and 1) both parents agree, or 2) one parent with custody has let the child become integrated into the other parent’s home, or 3) the present situation is dangerous to the child’s wellbeing.

What is Child Support?

Child support is the financial obligation for the care and support of children after a divorce.  Typically, child support payments last until the child reaches the age of majority (18) or graduates from high school, whichever is later.

3 basic factors are involved with child support 1) child care expenses, 2) monthly support payments, and 3) medical insurance expenses

What happens to child support if one of our financial situations changes?

If financial circumstances change, child support can be modified at the request of either parent.

What happens when someone falls behind or doesn’t pay child support?

Penalties for non payment of child support after a court order can include

• Frozen bank accounts
• Denial, revocation or suspension of driver’s license, passport, and occupational license
• Referral to Collection Agency
• Liens on Real Estate and other property
• In some instances, the payer can be put in prison

What is spousal maintenance and alimony?

After a marriage is dissolved, one spouse typically provides some type of continued financial support to the other.  This is sometimes called spousal maintenance, others refer to it as alimony.  This arrangement can be either temporary or permanent.

The following is a list of spousal maintenance factors used by the court

1. The financial resources of the party seeking alimony, including marital property apportioned to the party, and the party's ability to meet needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;

2. The time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment, and the probability, given the party's age and skills, of completing education or training and becoming fully or partially self-supporting;

3. The standard of living established during the marriage;
 
4. The duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished;

5. The loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking alimony;

6. The age, and the physical and emotional condition of the spouse seeking alimony;
The ability of the spouse from whom alimony is sought to meet needs while meeting those of the spouse seeking alimony; and

7. The contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker or in furtherance of the other party's employment or business.

What is a prenuptial or antenuptial agreement?

Prenuptial agreements (also referred to as antenuptial agreements) are contracts that couples enter into before they are married which will govern their legal rights in the event of a future divorce or death of either spouse.

If you need assistance with any of your family law issues, please contact us today for a free, no obligation consultation.  Call the office nearest you or click here to use our online contact form.

Minneapolis Area 612-767-2009
St. Paul Area 651-789-0059
Southern Suburbs 952-767-0121
Northern Suburbs 763-231-0383
Or call toll free 1-866-777-2557

Below is a list of additional resourced that you might find helpful

www.abanet.org/family/welcome.html
www.acf.hhs.gov/programs/cse/
www.childwelfare.gov/
topics.law.cornell.edu/wex/category/family_law
crckids.org/index.htm
www.census.gov/population/www/socdemo/marr-div.html
www.courts.state.mn.us/
www.revisor.leg.state.mn.us/stats/518/
www.courts.state.mn.us/rules/general/GRtitleIV.htm