» Family Law

Will a domestic abuse or order for protection proceeding have an impact on my child custody case?

Yes. A parenting plan in an Order for Protection will take precedence over an order in a family law file. A determination that domestic abuse has occurred in an Order for Protection hearing will have a significant impact on a subsequent custody proceeding. Minnesota Statutes provide that if domestic abuse has occurred the court is to presume that joint custody is not in the best interests of the child. It is very important that parties distance themselves from any situation that could result in physical harm or an imminent threat of physical harm either to a self, their spouse, or the minor children. Getting the counsel of an experienced family law attorney before the level of frustration hits a boiling point is essential to parties developing a reasonable parenting plan and separation. If you feel tempers flaring and you are unsure of your rights in a divorce, please contact the experienced attorney's at Mundahl law for a free ½ hour informational consultation.

Do grandparents have rights to their grandchildren in Minnesota?

Some grandparents do have visitation rights to their grandchildren, specifically when a parent is deceased or the child has lived with them for a period of 12 months or more. However, grandparents may still be granted reasonable visitation after a proceeding for dissolution, custody, legal separation, annulment, or parentage has been commenced. The standard used by the Court is whether the visitation would be in the best interests of the minor child and that the visitation would not interfere with the parent-child relationship. Rather than wonder if you would be granted visitation, schedule an appointment for a free ½ hour informational consultation regarding your situation.

Can the locks be changed on the home to keep one spouse out of the house?

A spouse may not legally change the locks on the home without the permission of the other party or unless they have a court order. We focus on a collaborative process to solve many legal issues, but we understand that some situations require forceful litigation. We are both experienced in the courtroom and stand ready to fight for your rights so that you receive the best possible outcome. Contact us to schedule a consultation with a Maple Grove, MN divorce attorney.

If I move out and leave the children to live in the home with my spouse will I lose custody?

That depends. Generally, the courts do recognize that parties may need a cooling off period and that one party may leave the home temporarily in order to keep the peace. The best practice is to schedule your move out by having a Minnesota family law attorney draw up a stipulation regarding temporary custody and parenting time. This will ensure an orderly transition for the minor children. Schedule a free half hour consultation with our Wright County child custody attorneys to understand your rights. Call us at 763-445-2620 to schedule a consultation.

If I move out of the house will I lose possession of it?

Legally the Courts will decide who will ultimately have the exclusive use and possession of the homestead. However, if you move out prior to there being a stipulation or temporary order in place, you may find it difficult to get back in the home without a court order. You should also plan to take all important items with you when you leave because it is harder to get property back when it has been left behind in the homestead. While you cannot dissipate marital assets, you can remove items to a safe place for ultimate distribution at the end of your divorce. If an item is too big to move you should take pictures (with a date on the picture) to ensure that the property remains in the same condition as when you left. To understand your rights schedule a consultation with a Wright County, MN divorce attorney at 763-445-2620.

Can my spouse prevent me from obtaining a divorce?

No, divorce in Minnesota is no-fault, which means only one party needs to allege that there is an irretrievable breakdown of the marriage. Unfortunately a reluctant spouse may engage in certain behaviors that add to the cost and length of the divorce. Thinking About Filing For Divorce in Minnesota? If you want to understand your rights under the law, contact Mundahl Law and schedule a consultation.

What are the requirements for getting a divorce in Minnesota?

You or your spouse has to be a Minnesota resident for at least 180 days immediately preceding the filing of your Dissolution of Marriage action. There may also be some additional hoops if one or both parties are on active duty in the Military. Considering Filing for Divorce in Minnesota? Our Minneapolis divorce attorneys offer a free half hour consultation. Call our family law attorneys today at 763-445-2620.

What Happens If My Spouse Conceals Assets From Me?

It depends on the stage of the divorce in Minnesota. If the assets are located during the divorce, they are simply added to the division of property. During the divorce process, you have the right to conduct discovery. Discovery means that you send to the other party a list of questions that you want answered and documents that you want produced. The court has the ability to sanction the other party for failure to answer the discovery requests. During the discovery process, you will likely receive the information that you need, or you will discover whether there might be additional assets that have not been disclosed. If hidden assets are identified within 1 year after a Final Judgment and Decree, then you may bring a motion to reopen the divorce and reapportion of division of assets. Questions About Filing for Divorce in Minnesota? Schedule a free half hour consultation with our Maple Grove, MN family law attorneys at 763-445-2620 today.

What is third party custody in Minnesota?

Third party custody applies when someone other than the two parents wants to apply for custody of a minor child. There are two types of third party custodians. The first type is the de facto custodians who are adults who have been the primary caretaker for a child within the previous 24 hour months prior to filing for at least six months if the child is under 3 years of age or at least one year if the child is over the age of 3. The de facto custodian is not someone who had the child under some type of legal custody designation. The second type of third party custodian is the interested third party. A third party custodian will qualify for interest third party status if they fall within one of three categories: 1. the parent has abandoned, neglected, or otherwise exhibited disregard for the child's well-being to the extent that the child will be harmed by living with the parent. 2. placement of the child with the individual takes priority over preserving the day-to-day parent-child relationship because of the presence of physical or emotional danger to the child, or both. 3. other extraordinary circumstances; These are somewhat complex statutes, so if you believe you may fall into one of these categories, please call and schedule a free ½ hour informational consultation with a Minneapolis, MN divorce attorney to understand the law and the process involved.

When should I hire a Minnesota divorce attorney?

The simple answer is anytime you believe that you cannot adequately represent yourself in Court. The best advice for you is to call us and set up an informational ½ hour free consultation. We will give you the basics regarding the process, your legal rights and obligations to help you make an informed decision on whether you can tackle this difficult matter on your own.

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Susan assisted me during my divorce with grace and knowledge. During a fragile and trying time, she stayed committed while demonstrating patience and expertise. As a father, I was concerned about obtaining custody of my children – but she was r… Read More
– Topher

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