Family Law

Yes, if both parties agree to the property division, child custody, and all other matters they can enter into a “Marital Termination Agreement” or file a joint divorce, which is filed with the court in lieu of going to court.

Minneosta statutes provide “a just and equitable division of marital property of the parties without regard to marital misconduct.” This means that regardless of one spouse’s bad deeds, the property still needs to be divided equally. However, that spouse’s conduct can be taken into consideration regarding custody.

While the court may give some thought to the child’s preference, usually a child must be 15 or 16 for a court to give a child’s wishes serious consideration.

Physical custody refers to where to child will live and making day to day decisions for the child. Legal custody refers to making major decisions for the child, such as education, religion, and health care.

In order for a parent with custody of a child to prove out of state (with that child) the parent must first get permission from the court. This is a very difficult thing to do if the other parent is opposed to the move, and court will balance several factors, such as the reasons for the move and the child’s relationship with the non-moving parent.

No, failure to pay child support is not a valid reason for withholding visitation.

Yes, there are several defenses that an attorney might be able to bring up that will encourage the district attorney to plead the Defendant to a lesser offense. In addition, an attorney may be able to help you lessen the affects of the possible collateral consequences that attach when a person is convicted of a DWI.

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No, once the divorce petition is served on a party, both parties are legally prevented from cancelling insurance or selling property. If a spouse does this they can be in contempt of court. However, there are certain instances where a party is allowed to sell certain property. If you believe your spouse is attempting dispose of marital property you should immediately seek an attorney to see if your spouse is in contempt.

Yes, a party who has changed his/her name during a marriage may change it back to their previous name. However, a party cannot force the other spouse into changing their name.

Attorneys are prevented from representing two clients who have adverse interests; therefore, you and your spouse should have different attorneys at different firms.

No, both parties do not need to be represented in a divorce. However, it is important to remember that if your spouse is represented in a divorce his/her attorney is looking out for your spouse’s best interests, and not yours.