The term “family law” encompasses a variety of important - and usually complicated - legal issues that directly and profoundly affect the private day-to-day lives of individuals and families. Adoptions, name changes, antenuptial agreements (“pre-nups”), paternity actions, and orders for protection are all examples of family law matters. And, of course, family law also includes divorce, characterized as a “dissolution of marriage” under Minnesota law.
In Minnesota, a dissolution of marriage is usually begun with the service of a Summons and Petition for Dissolution of Marriage by one spouse upon the other. The Petition must be filed with the court in a county where either spouse lives. Dissolution of the marriage requires a finding by the court that the marriage is irretrievably broken i.e. that there is no reasonable prospect for reconciliation. Some of the issues typically involved in a dissolution of marriage include:
- Division of marital property
- Child custody
- Child support
- Spousal maintenance
As part of the divorce process, the marital property will be divided – either by agreement or by order of the court. Marital property generally includes any property acquired during the marriage, including real estate, retirement plans, business interests, and automobiles – regardless of how the property is titled. If the parties cannot agree upon a division, the court will be required to make a “just and equitable division” of the property, which does not necessarily mean “divided equally.”
If there are minor children involved, the divorce process will also include a determination of custody and support. There are two types of custody: legal and physical. “Legal custody” is the right to determine the child’s upbringing, including education, health care, and religion. “Physical custody” involves the routine daily care, control, and residence of the child. If the parties are not able to reach an agreement as to custody, the court will render a custody award based upon “the best interests of the child.” The party awarded primary physical custody of the child is often referred to as the “custodial parent.”
Typically, the non-custodial parent will be required to pay child support – monthly monetary payments to the custodial parent. The payment is calculated based upon a variety of factors – primarily the parties’ respective incomes and the amount of time each party spends with the child. The support obligation is subject to cost-of-living adjustments every two years and continues until the child is emancipated (usually when the child graduates from high school).
In an increasingly rare case, a divorce might include an award of spousal maintenance i.e. alimony, in which one spouse is required to make periodic payments for the support and maintenance of the other spouse on either a temporary or permanent basis. The party seeking an award of maintenance bears the burden of proving the need for maintenance. An award of maintenance automatically terminates upon the death of either party or remarriage by the party receiving the maintenance.
Leiran Law Offices stands at the ready to handle any family law matter competently and compassionately. Moreover, we perform all family law work for $150.00 per hour – less than half of what you’d be asked to pay by most other firms. If you or your family has an issue involving any area of family law, call us today to schedule a completely free, no-commitment, 30 minute consultation.