Rochester Minnesota Family Law Attorney

FAQ Family Attorney Minnesota

What are the grounds for divorce in Minnesota?
The only meaningful basis for divorce in Minnesota is irretrievable breakdown of the marriage relationship (i.e. there is no chance of reconciliation). Either spouse can obtain a divorce on that ground, even if the other party objects. Minnesota has adopted “no-fault” divorce which means that it is not necessary to prove “fault” such as abandonment, cruelty, or adultery in order to obtain a divorce. However, in certain instances, conduct of a spouse might be relevant in child custody and parenting time determinations.

What is a legal separation and is it faster or easier than a divorce?
A legal separation does not terminate the marriage but acts to finally separate the finances of the parties and finalize arrangements for the care and support of any children. The process for obtaining a legal separation is substantially similar to the process for a divorce. The property and debts are generally divided, child support and spousal maintenance can be awarded, and custody issues can be determined. Because the procedure is essentially the same as the divorce process, it is not faster or easier than a divorce. It is also not a required preliminary step for a divorce. 

How long does it take to obtain a divorce?
The simple answer is "it depends". If you and your spouse are in agreement on all issues, and you have no minor children, or both you and your spouse are represented by attorneys it can be a matter of days. In cases with complex issues and with no agreement possible, the process takes much longer.

What are Minnesota's residency requirements?
Prior to filing your Petition for Dissolution of Marriage or Legal Separation, either you or your spouse must have resided in Minnesota for one hundred eighty (180) days.

Does the party who serves the other first have an advantage?
No. There is no legal significance as to which spouse files the Petition.

My marriage was very short - can I get an annulment?
An annulment is generally available only if there was some legal impediment to the creation of a valid marriage. The fact that the marriage was of short duration is generally not a basis for annulment.

What is Alternative Dispute Resolution (ADR)?
ADR describes various settlement approaches that are alternatives to traditional litigation. Forms of ADR include mediation, collaborative family law, or early neutral evaluation. Many people attempt to reach a settlement through ADR methods prior to litigating disputed issues. Additionally, Minnesota courts require the parties to attend some form of ADR prior to any trial.

How is custody of the children determined?
Minnesota recognizes two types of custody: legal and physical. Legal custody means the right to determine the child's upbringing, including education, health care, and religious training. Minnesota law presumes that it is in the best interest of the child for the parents to have joint legal custody. Physical custody means the routine daily care and control and the residence of the child. There is no presumption under Minnesota law that joint physical custody is in the best interest of the child. In making a determination regarding physical custody the Court must look at these factors.

Does parenting time depend on child support?
A common misconception is that a parents’ right to parenting time is directly tied to his/her payment of child support. The fact that a party's parenting time may be restricted does not reduce the child support obligation. Likewise, the fact that a parent has failed to meet his or her child support obligation does not justify the denial of parenting time.

Do you charge for an initial consultation?
Consistent with our mission of providing outstanding and affordable personalized legal services, we do not charge for an initial consultation. This community and this profession has been very good to me and this is my way of giving back, by being accessible and allowing you to have an opportunity to talk about your legal situation without feeling that the only way to speak to an attorney is with your checkbook.

How much will my case cost?
While there are a large number of questions that one may have when it comes to our law firm, the way we practice and the law, we realize that inevitably the main question that lingers out there is “How much is my case going to cost?” It is a simple question that regrettably does not have a simple answer. Yet, we do realize that few people, if any, have a legal fees savings account sitting around, and that is why we try hard to be as efficient and inexpensive as possible. Your fees will depend on:

• The issues in your case
• The amount of work that goes into the case
• The opposing attorney’s disposition to settlement
• Your spouse’s willingness to settle
• Your willingness to settle.

Naturally, the less contested the matter the simpler and less expensive it will be to finalize.

Request a Free Consultation

If you have additional questions about Family Law in Minnesota, please contact the Dilaveri Law Firm today. We always offer free initial consultations to our clients. Call  507.206.6020 or complete our free case evaluation form.