Minneapolis Family Law Attorney
Table of Contents
Family law matters can be heartbreaking and taxing to all parties involved. This is especially true for divorcing couples with children. At Milavetz Law, P.A., we understand the emotional toll and stress divorcing couples endure. Our compassionate family law attorneys have extensive experience protecting our clients’ interests and ensuring important relationships are preserved.
What types of cases does a Minneapolis family law attorney handle?
The family law attorneys at Milavetz Law handle family law issues surrounding marriage, children, and family. We help families through divorce, child custody issues, adoption, and marital agreements. Our divorce attorneys strive to work towards equitable solutions that are fair and reasonable to all parties involved.
Minnesota Divorce Attorneys
Divorce in Minnesota is also known as the “dissolution of marriage.” Divorce cases are often more complex than couples anticipate, even in the most amicable cases. This underscores the importance of working with an experienced divorce lawyer. We ease the process by anticipating any potential legal matters for you.
Division of Property
Property division is a significant area of family law in divorce proceedings. Minnesota is an equitable property state. This means the marital property is divided in a fair and equitable manner after consideration has been given to the individual circumstances of each spouse. The family court considers the following:
- Earning capacity of each spouse
- Valuation of assets
- Contributions of each spouse, including the value contributed as a homemaker
- The length of the marriage
- The age and health of each spouse
The court will assume each spouse made substantial contributions unless otherwise proven.
The following types of property can be divided:
- The primary residence
- All real estate
- Personal property
- Cash assets
The court may order some assets, including the primary residence, to be sold so the proceeds can be divided equally between the parties.
One of the most important legal services a divorce attorney provides is ensuring you receive your fair share of the marital property. At Milavetz Law, we offer vigorous legal representation and investigate the opposing spouse’s finances thoroughly to ensure the following:
- The opposing spouse has reported all assets.
- Your contributions are accurately represented.
- Your non-marital property is separated.
- Your limitations and hardships are fully represented.
Spousal maintenance, also known as alimony, is financial support from one former spouse to the other, which is paid periodically, usually monthly. It can be awarded in the following circumstances:
- The spouse lacks the necessary assets to provide self-support that matches the standard of living enjoyed during the marriage.
- The spouse is unable to earn sufficient wages through employment to maintain the standard of living enjoyed during the marriage.
- The spouse is the custodial parent of a disabled child whose condition prevents parental employment.
Alimony may be temporary if it can be shown that the spouse’s earning capacity will improve.
Divorce can significantly impact children, especially when custody is being determined. The primary consideration in determining child custody is not the rights of the parents but the best interests of the children. Child custody issues can be the most emotional and contentious aspects of divorce cases. This can cause added stress to the children.
In cases where child custody is contested, the court may order parents to undergo mediation. In mediation, an objective third party meets with both parents to facilitate an agreement about custody and visitation. The agreement must be approved by the court. Additional dispute resolution regarding parenting time may also be needed.
Our attorneys encourage parents to undergo mediation voluntarily. Our law firm can facilitate this. We work with some of the most talented mediators in the state. We also offer arbitration services in cases where mediation is not feasible.
If you or your children are the victims of domestic violence, mediation and arbitration will not be necessary. We will ensure the court is informed. We will also provide referrals to resources that can help you and your children stay safe.
Child support obligations are awarded based on Minnesota state guidelines after the court considers the financial resources of both parents. The court may also award additional support such as child care costs and medical support.
The state of Minnesota recognizes the benefits children receive from relationships with grandparents. A grandparent who has an established relationship with grandchildren may qualify for visitation if the visitation does not interfere with the parental relationship. If the child has lived with the grandparents for 12 or more months, visitation is usually granted.
The most common scenarios in which grandparents’ rights are granted are after the death of a parent, in cases of domestic abuse, or after the death of both parents.
Milavetz Law attorney Barbara Nilva Nevin is a grandmother who understands firsthand how valuable these relationships are. Ms. Nevin and our other accomplished family law attorneys have a successful track record of helping grandparents continue relationships with their grandchildren.
Does Minnesota recognize legal separation?
The state of Minnesota recognizes legal separation. In a legal separation, the court determines the rights and responsibilities of each party. Our attorneys can help you and your spouse define agreeable terms ahead of the court date and provide legal advice about whether a legal separation is the best option.
Adoption Advocacy and Support
Adopting a child is a joyous experience that enhances the family and gives a child hope for a bright future. The legal process can be stressful. Our attorneys have been providing advocacy for adoptive parents for nearly six decades. We make adoptions easier by taking care of the legal issues and keeping you informed.
We have helped with the following types of adoptions:
A marital agreement is a contract between spouses that defines the terms of a dissolution of marriage should it occur. The most well-known type is the prenuptial agreement, which is recognized by the Minnesota statutes as an antenuptial agreement. Prenuptial agreements are executed prior to the commencement of the marriage.
A postnuptial agreement serves the same purpose, except it is signed after the marriage has commenced.
A marital agreement can provide benefits to both spouses, such as asset protection and assurance of support. Nuptial agreements are sometimes viewed negatively, but they are merely a form of insurance.
Why is Milavetz Law, P.A. the best choice for my family law case?
Milavetz Law has been helping families through divorce, custody issues, adoptions, and more for nearly 60 years. We are well-known for our care and concern for each client. We have helped many family law clients in the Twin Cities through some of the most difficult circumstances of their lives.
Our hard work on behalf of our clients has won our attorneys such prestigious recognitions as Minnesota super lawyer, Attorney of the Year, and Avvo Clients’ Choice Awards.
Our nine law offices are conveniently located throughout Hennepin County and the greater Minneapolis-St. Paul Metropolitan area, in Brooklyn Center, Roseville, St. Cloud, Coon Rapids, Edina, Eagan, Forest Lake, Delano, and Minnetonka.