Minnesota Family Law Frequently Asked Questions

Yes.  Many people facing a divorce do not want to go to the time and expense of going to court.  Additionally, many do not want their family business and finances dragged through the court system.  Mediation is a process that is an alternative to going through the court system in Minnesota for a divorce.  Mediation strives to support both parties and open up communication between the parties.  This is especially effective for spouses that are divorcing but need to continue to communicate due to young children.

Mediation is typically a quicker process than the traditional divorce procedures.  Speak with a Family Law Attorney before determining whether mediation is right for you.

Technically, anyone seeking a divorce can file the court papers.  However, having an attorney represent you ensures your legal rights are protected.  Also, having an attorney handle your divorce allows you an objective third party who can take the emotion out of the case.  Even if a divorce is uncontested, you should consult with a family law attorney regarding your divorce to make sure you are getting everything you are entitled to and do not give away your rights.

In Minnesota, child support is calculated by taking into considering the cost of the child’s housing, food, clothing, transportation, education costs and other expenses related to the child’s care.  Child support is further calculated based on the amount of time each parent spend parenting the minor child or children.

Minnesota calculates child support by taking into consideration the gross income of both parents, as well as the number of children and the cost of raising the child.  There are specific formulas to calculate the exact amount of child support owned.  Contact a Family Law Attorney to help determine how much child support should be.

Minnesota has no-fault divorce.  This means that neither party is required to prove the wrong-doing of the other party.  Minnesota courts are not concerned about who caused the break-up of the marriage.  Neither party to the divorce has to prove the other spouse was adulterous, abusive or acted in a way that caused the marriage to breakdown.  No-fault divorce allows family law courts to grant divorce in response to a petition filed by either spouse simply because they state the marriage is no longer working and they wish to divorce.

If parents cannot agree on an acceptable custody arrangement Minnesota courts will decide custody.  The court uses the best interest of the child standard and takes into several factors, including the child’s age, the child’s gender, the child’s physical and mental health, the parents’ physical and mental health, past history of abuse, the emotional bonds between parent and child, parent’s ability to provide the basic necessities of life, the child’s routines, the child’s preference (if the child is old enough to express a preference), the emotional bonds between parent and child and who the child’s primary caretaker has been.

Minnesota courts prefer that parents come to their own decisions regarding custody arrangements but will step in when parents cannot do so.  Contact a Family Law Attorney to discuss custody issues.

A prenuptial agreement is made between two people prior to getting married.  The prenuptial agreement is also referred to as a pre-marital agreement or an ante-nuptial agreement stipulated what will happen if the marriage should end in divorce.

Prenuptial agreements can protect the interest of an individual who comes into a marriage with significant assets or has an interest in a family business.  Some provisions in prenuptial agreements will not be enforced under Minnesota law, such as provision where one spouse waives future child support.  In order to be enforceable under Minnesota law, a prenuptial agreement must be procedurally fair when drafted, substantively fair when drafted and must remain substantively far at the time of enforcement.

If you are planning to get married and wish to have a prenuptial agreement drafted, do not try and do it yourself.  Be sure to contact a Family Law Attorney.

Getting a marriage annulled means that the marriage is declared to be invalid.  An annulment is difficult to obtain and can only be obtained under very specific circumstances.  For example, one party has to have lacked the mental capacity to consent to the marriage, been under the influence of alcohol or drugs, obtain consent to marry via fraud, be under the age of 18 without parental consent or that one spouse lacks the physical capacity to engage in sex at the time of the wedding, unbeknown to the other spouse.

An annulment is much more difficult to obtain than a traditional divorce.  If you wish to end your marriage, whether by annulment or divorce, contact a family law attorney to discuss your options.

Minnesota supports adoption through the family law system.  Potential parents can adopt children from state guardianship, foster care or from private parties.  If potential parents going through the foster care system to adopt they must go through a background check, undergo state training to deal with children who have experienced trauma as well as a home study.

Adoption is a complicated process in Minnesota.  Once you have decided to take this step for your family, whether you are a prospective parent or a pregnant woman looking for adoptive parents for your child, seek advice of a Family Law Attorney as soon as possible.

 

 

 

 

 

 

 

 

 

 

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