Family Law
DIVORCE: A divorce or dissolution of marriage is a legal end to a marriage. Minnesota is a "no-fault" divorce state, which means if either of the parties wants to divorce it is not necessary to prove it was the fault of the spouse. In matters involving children, the court will consider the best interest of the children when awarding custody and will determine what is "fair and equitable" in dividing the marital assets and debts, which is not always 50-50.
CHILD CUSTODY DISPUTES: Child custody refers to the legal arrangements concerning whom a child will live with and how decisions about the child will be made. Custody has two parts: legal and physical. Legal custody is the decision-making part, while physical custody refers to the child's primary residence. In Minnesota, the standard for custody is determined by a range of criteria, known as the 13 best interest factors.
PATERNITY ADJUDICATION: When a child is born outside a legal marriage relationship in Minnesota, the child will lose child support and inheritance rights if the fatherhood of the child is not legally established. The father may voluntarily acknowledge paternity in a legal document filed with a court or may agree to have his name listed as the father on the child's birth certificate. If the man disputes the question of fatherhood, the mother or the state government may initiate a legal proceeding, known as a paternity action, to adjudicate fatherhood. Fathers may also initiate this proceeding to establish custody and/or parenting time.
DOMESTIC ABUSE AND ORDERS FOR PROTECTION: A family member may seek a court order for protection on their own behalf or for household members for protection from domestic abuse. In emergency situations, the court will issue an order for protection and a hearing will be scheduled within seven days.
FAMILY GROWTH THROUGH ADOPTION: Adoption is a judicial proceeding that transfers all the rights and responsibilities of a natural parent to an adoptive parent. Adoption requires the parental rights of the natural parent to be terminated.
