Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, annulment or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and parenting time, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. The custodial arrangement of the children has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to one parent by the other parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. In Minnesota, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the financial prospects of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing a Recognition of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state. Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate, pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married. This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A factor that cannot be stipulated in a prenuptial agreement is child support. A couple cannot lawfully agree in a prenuptial agreement that either party will in no way be responsible for child support.

Divorce Mediation:
Divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation. The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one’s own.

While no two situations are alike, the emphasis in a mediated approach is to achieve a satisfactory settlement in an efficient, cooperative manner. This might include "four-way" settlement conferences where the parties meet along with their divorce lawyers to work on a settlement. The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.

If you or a loved one needs the help of an experienced St. Paul Family attorney, call Lucas Family Law today at 866-609-2414, or complete the contact form provided on this site to schedule a free consultation.

If you or someone you love needs the assistance of an experienced St. Paul Family attorney, call Lucas Family Law, LLC, today at 866-609-2414, or complete the contact form provided on this site to schedule a free consultation.

ADDRESS OF THE FIRM:
Lucas Family Law, LLC
952 Grand Avenue
St Paul, MN 55105
Phone: 866-609-2414
Hours: M-F, 8:00AM-5:00PM

Services provided after hours or on the weekends by advance appointment.

MEMBERS OF THE FIRM:

Attorney Joan H. Lucas

• Jurisdictions Attorney is Licensed in: Minnesota
• Date Admitted to the Bar: 1984
• Colleges Attended, Degree & Year Graduated: William Mitchell College of Law, JD, 1984; University of Minnesota, BA, 1976
• Professional Memberships & Achievements: American Academy of Matrimonial Lawyers, MN. Chapter (Fellow, 1995 to current; President 2007-2009; Vice President 2004-2007; Board of Managers and Treasurer; Strategic Planning Committee, 2002 and 2006), Minnesota State Bar Association; Ramsey County Bar Association; Minnesota “Super Lawyer” 1998 to present; Named Best Attorneys in America; Named Minnesota Best Lawyer; Named Minnesota Top 40 Family Law Attorney; Named Minnesota Top 100 Women Attorney

Attorney Eileen C. Krenner

• Jurisdictions Attorney is Licensed in: Minnesota
• Date Admitted to the Bar: 2006
• Colleges Attended, Degree & Year Graduated: William Mitchell College of Law, JD, 2006; University of St. Thomas, BA, 1999
• Professional Memberships & Achievements: Former Assistant Ramsey County Attorney; Minnesota State Bar Association; Ramsey County Bar Association; Hennepin County Bar Association