- DivorceUncontested Divorces A significant percentage of my cases involve uncontested divorces when the parties essentially have an agreement, but they need all of the paperwork prepared to move the matter directly from start to finish. I call this approach “the leapfrog theory”, in other words jump right from start right to finish. In uncontested divorces I can still only represent one of the two parties, but I do not view myself as the other party’s adversary. Rather, my role becomes more of a scrivener to write up the agreement and and all of the documents necessary to make sure that all of the legal requirements are met so that the agreement and corresponding Judgment and Decree is approved by the Court. Uncontested divorces can occur in as little as 60 days from start to finish.
- Child SupportIn Minnesota both parties have an obligation to provide financially for their children, which is loosely called child support. There are guidelines that delineate how to determine each parents financial responsibility. See Minnesota Statute §518A.26. The guidelines break down financial support into three categories, basic support, medical support and child care support. The guidelines take into consideration the gross income of each party, the combined total and each party’s percentage of the combined total. The guidelines further identify a presumptive amount that it costs a family at the level of their combined income to provide for their child(ren). Each party is then expected to contribute their percentage of the combined total income to each of the three categories of support.
- Child Custody and VisitationFor people that are not married when they have children together, the legal action to determine their respective rights and responsibilities is categorized as a paternity or child custody case, which is governed under chapter 257 of the Minnesota Statutes
- AdoptionAdoption is a process where one family takes in a child or an adult legally and formally as their own. There are different types of adoption including, a step-parent adoptions, direct adoption from one family to another and international adoptions for instance. Many adoptions involve adoption agencies. In each case, the State takes an active role to insure that adopted children wind up in appropriate homes. Adoptions are governed under Minnesota Statute §259.20 et. seq.
- Paternity
- Premarital AgreementMinnesota law provides a process for couples to enter into agreements to assist in directing how their finances and property will be allocated in the event that the marriage ends in divorce, separation, or in the event of the death of either spouse. These agreements are called antenuptial or prenuptial agreements.
- Spousal SupportSpousal maintenance, otherwise known as “alimony” is alive and well in Minnesota. Many people mistakenly think that the concept of alimony was repealed, which is incorrect. When evaluating whether spousal maintenance is at issue in any given case, lawyers and courts evaluate a number of factors to determine what, if any, maintenance should be awarded and if so, how much and how long.
- Sex CrimesHarassment Restraining Order (HRO) proceedings similarly require knowledge of the law and the human dynamics that result in repeated, unwanted and harassing conduct. Legal “Harassment" is in part defined as “a single incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another.” The legal standards that govern the issuance of a Harassment Restraining Order is set out in Minnesota Statute §609.748. If you are being harassed and think you are in need of a HRO or if you are facing harassment allegations, the implications are important and may have long term consequences so legal representation is very important.
- Assault
- Restraining OrderUnfortunately, domestic violence and harassment are facts of life and may come in many forms. Examples include; actual physical abuse, threats of physical abuse, emotional abuse, threatening calls, repeated calls, emails or texts, social media harassment, stalking, and other forms of annoyance and control. One of the remedies for domestic abuse is seeking what is called an Order for Protection. Orders for Protection are sometimes called domestic abuse restraining orders, no contact orders or just OFP’s. One of the ways to deal with harassment is to seek a Harassment Restraining Order or HRO.