Minneapolis Family Law Practice Areas and Legal Definitions

Complex Divorce:

Minnesota is a no-fault state, meaning that the party who wants a divorce does not have to show a specific misbehavior on the part of the other spouse, such as adultery, abandonment, drunkenness or addiction, abuse, etc. All that is required is the presence of "irreconcilable differences" that the Court or counseling will not cure. Minnesota family law establishes the financial obligations of the divorcing parties, and finally and completely ends the legal relationship for all purposes. Property must be divided, debts assigned, and, if appropriate, spousal support determined. For parties with children, the divorce process also requires resolving parenting issues and establishing child support. Without remarriage, tax returns must now be separately filed as single or head of household (and not as married) persons.

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.

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.

Minnesota uses a "best interest of the child" standard in awarding custody between the parents. Sounds simple, but 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. If you are awarded the child (children) as a primary custodial parent, it has far reaching consequences both to you and to the well-being and development of your child.

Child Support:

Child support is a periodic payment made to a custodial parent from a non-custodial 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. When parents are awarded joint custody in a divorce, however, 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.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent . The State of Minnesota has guidelines that factor in the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to. The court may allow deduction items such as catastrophic medical expenses and travel expenses for visitation.

Child Visitation:

The right of a non-custodial parent to visit or spend time with his or her children is a crucial legal arrangement. The term "child visitation" refers to the time when the non-custodial parent has the right to be with the child. Child visitation can take a variety of forms or schedules. Some common arrangements include the following:

• Alternate weekend visitation with the non-custodial parent, including three-day holidays.
• Mid-week visitation with the non-custodial parent.
• Sharing of the child during periods of school recess: winter, spring and summer.
• New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years.
• Mother's Day with Mother, Father's Day with Father.
• Alternate years on the child's birthday.
• Open telephone contact by the parent who does not have actual physical custody of the child.
• Exchange of a few days of visitation as mutually agreed without the need for a change or modification of the court order.

Paternity:

Establishing legal fatherhood and the rights and duties that accompany it is known as paternity. There can be a difference between a biological father and a legal father. When a child is born, the mother’s name automatically appears on the birth certificate. If she is married, her husband is assumed to be the baby’s father. If the parents are not married, it is important for the mother, for the father, and above all for the child, to establish paternity.

Equitable Division of Property:

Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate (including a home bought in contemplation of a marriage), a pension plan, vehicles, bank accounts, income tax refund and/or household furnishings. However, property that is inherited by one spouse is not considered marital property; i.e., a family business or estate.

Marital Settlement Agreement:

When negotiating the terms of your divorce, your attorneys will advise you on how a court is likely to divide your property, award custody and child support, and deal with other issues. Often, both parties can amicably decide on a Marital Settlement Agreement. Courts usually approve Marital Settlement Agreements if it is generally fair and the court is convinced that the agreement is genuine. Often the court may review financial affidavits attached to the agreement to ensure that both parties agreed without fraud or coercion.

Restraining Orders:

Restraining orders are an order enforced by the civil court forbidding certain actions, usually contact between persons. Violation of a restraining order may constitute contempt of court or, in certain cases, may be an additional crime for which the offender may be arrested. Minneapolis divorce lawyers Kurzman & Grant can help file restraining orders and other remedies available by the court system to protect against the following:

• Physical abuse
• Threats that put you in fear of physical harm
• Unlawful imprisonment
• Harassment
• Stalking
• intimidation of a dependent
• interference with personal liberty

Mediation Issues:

Mediation is a process of non-binding intervention between divorce parties to promote resolution of a grievance, reconciliation, settlement or compromise outside of the court system. This type of out-of-court settlement proceeding can be non-binding if the parties decide not to agree on the terms set by the mediator. While legal counsel is not necessary, most parties hire an attorney to represent their interests during the mediation proceeding.

Adoption:

Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family. Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support, and other legal matters. In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed, and the court orders the issuance of a new, amended birth certificate.

If you or someone you know in Minneapolis, Minnesota or within the surrounding counties of Minneapolis needs the assistance of an experienced family law attorney, please contact family lawyers Kurzman & Grant today at 866-692-1192, or use the contact form provided on this site to begin a free consultation and evaluation of your family’s legal needs.