Prenuptial agreements, also known as antenuptial agreements, are legal contracts entered into by couples before marriage to establish financial rights and obligations in the event of divorce or death. In Minnesota, these agreements are governed by both statutory law (Minn. Stat. § 519.11) and common law principles. However, to be enforceable, prenuptial agreements must meet
At What Age Can a Child Make a Custody Decision in Minnesota?
In Minnesota, there is no set age at which a child can independently decide which parent they want to live with following a divorce or custody dispute. However, the court will consider the child’s preferences if the child is deemed mature enough to express thoughtful and independent opinions about the parenting time schedule. While the…
Are Minnesota Child Support Laws Complicated?
Minnesota has a detailed guideline for determining child support payments, aimed at ensuring fairness and consistency. The process begins by considering both parents’ gross income from all sources, subtracting any alimony or spousal support obligations. Next, each parent’s share of the combined income is calculated and applied to a guideline chart, which factors in the…
Minnesota’s Spousal Maintenance Statutes Amended for Clarity and Predictability
Minnesota’s family law statutes underwent significant revisions effective August 1, 2024, introducing changes to spousal maintenance awards.
Spousal maintenance, also referred to as alimony or spousal support, has long been a contentious issue in divorce cases. Historically, Minnesota’s laws provided limited guidance on spousal maintenance awards, giving judges broad discretion and resulting in inconsistent outcomes…
Are Minnesota Family Law Attorneys Expensive?
Minnesota family law attorneys can be expensive – if not utilized correctly. Lawyers don’t have to cost an arm and a leg if they are employed in a strategic, intentional way.
I find the average hourly rate for a family law attorney in Minnesota is around $300.00 per hour. However, downtown lawyers often charge more…
Are Minnesota Family Law Forms Available Online?
Yes. Minnesota Family Law Forms are readily available online. Although I don’t necessarily recommend the “standard forms” for everyone, you might get a good sense of what issues are involved in concluding a divorce by examining the online forms.
The Minnesota Judicial Branch: has court forms tailored specifically for divorce. They also have forms…
How Can I Win Full Custody in Minnesota?
Under Minnesota law, there are two types of child custody: physical custody and legal custody. Legal custody involves the right to make important decisions for the child, including decisions about education, health care, and religion. Physical custody is the right to make decisions about the routine day-to-day activities of the child and where the child…
Adultery Law in Minnesota: Will it Impact My Divorce?
Adultery can cause a marriage to become an emotional nightmare, and it’s a common cause of divorce. When you’re ending your marriage because one or both of you has cheated on the other, it’s possible that the adultery will impact the outcome of your divorce in Minnesota.
Minnesota is a “no-fault” state, which means if…
Minnesota Divorce Records: How to Obtain the Documents You Need
If you would like to obtain a copy of your divorce decree or other Minnesota divorce records, you can access and download a copy online using the Minnesota Court Records Online (MCRO) website: https://publicaccess.courts.state.mn.us/
If you would like to order a certified copy of your Minnesota divorce decree, you can obtain it directly from the…
Paralegal Pam Martin Joins the Minnesota Legal Paraprofessional Pilot Project
The Pilot Project allows approved Minnesota legal paraprofessionals (paralegals), like our own Pam Martin, to represent and advise clients in select family law cases with an attorney’s supervision. In some cases, a paralegal can represent a client in court.
The goal of the program is to increase access to legal representation in cases where one…
What Do I Need to Prove to Obtain an HRO in Minnesota?
Minnesota Statutes section 609.748 grants an individual the right to seek a harassment restraining order against another. An HRO makes conduct that is otherwise legal (such as contact or presence at a location) a crime.
Everyone feels offended by the behavior of another from time to time. Sometimes people go too far, yelling obscenities or…