St. Paul Family Lawyer

At Milavetz Law, P.A., our family law attorneys help clients navigate matters involving marriage, children, adoption, and divorce. We advocate for our clients, protect their rights, and help them work toward equitable and fair family law dispute resolutions.

Divorce

Divorce is an inherently stressful process, even when spouses agree that it is time to part ways. Most often, spouses don’t see eye to eye about important aspects of a divorce—including child custody, financial support, and the division of marital property. In Minnesota, spouses must agree on these (and other) terms before a divorce can be finalized and they can go their separate ways.

Our St. Paul divorce lawyers will help you file for a divorce and serve your spouse (or respond to papers if you have been served), negotiate the terms of your dissolution of marriage, and get your divorce finalized so you can move forward with your life.

Child Custody

Divorces tend to be more stressful when children are involved. Parents need to be able to set their emotions aside and make rational decisions about their family’s future. That is easier said than done, however. Our St. Paul child custody lawyers will work to keep the peace between you and your spouse and ensure your children’s best interests are front and center during custody negotiations.

In Minnesota, parents have equal rights to legal custody and physical custody of their children. During a divorce, determining physical custody can be a challenge, especially if one parent plans on relocating. Our law firm will help you map out a custody arrangement that fits your family’s needs and helps your children stay in contact with both parents—if that is safest and best for them.

When parents cannot agree on custody, mediation is a useful tool. Our law firm encourages parents to enter mediation voluntarily, without a court order. Through mediation, a neutral third party can help parents find common ground and compromise on a parenting plan that works for everyone.

Child Support

Parents in Minnesota share the responsibility of providing for their children. Often, the noncustodial parent (the parent who spends less physical time with the children) may be asked to pay child support. Child support can be used to cover the costs of housing, education, health care, and other expenses necessary to support a child. 

In accordance with Minnesota Statute 518A.35, child support is calculated using each parent’s gross income or ability to pay, child custody timeshare, and other important factors. Each parent needs to be transparent and forthcoming about their income. After all, the money is used to benefit their children and ensure their needs are met. Our St. Paul child support attorneys can help you petition for support, request a modification to an existing child support order, or fight to recover unpaid child support from the child’s other parent.

Alimony/Spousal Support

Many times, spouses don’t have the same income. This is not usually a problem during marriage because they simply pool their resources. Things can become complicated when spouses divorce and one earns substantially less than the other, however. That is where spousal support—or alimony—can be beneficial.

Alimony is paid to ensure that a lesser earning spouse has financial stability after a divorce. No set formula exists for calculating spousal support in Minnesota. Instead, several factors are taken into consideration. This includes the spouse’s earning capacity, the standard of living they came to enjoy during the marriage, sacrifices to their education or career during the marriage, and how long the couple was married. 

Our St. Paul spousal support lawyers will advocate for you whether you are requesting alimony or fighting it. We will work to ensure that all income is disclosed and the circumstances of the marriage are fully understood, which will open the door to clear and transparent negotiations.

Property Division

When couples get divorced, they must figure out how to divide their marital property. As stated by Minnesota Statute 518.58, Minnesota is an equitable distribution state that divides assets (and debts) fairly between the spouses in a divorce. This doesn’t necessarily mean that assets are split evenly. Instead, each spouse is entitled to their fair share of things. 

Since property is not split down the middle, there is a lot of room for disagreement about what is fair and who will get what property (or the proceeds from it).

Our St. Paul property division lawyers will work to identify all your marital assets—you will get to keep anything that was yours before you got married—and assign a value. We will also pinpoint any debts, like credit card bills or a mortgage, accrued during your marriage; these have to be divided up as well. We will bring in forensic accountants, appraisers, and other financial specialists to ensure every detail is covered. 

Once your marital property is identified, including items like savings accounts, wages, pensions and retirement benefits, cars, art and jewelry, and business interests, our team will help you prioritize your wishlist and determine where you are most willing to compromise.

Grandparents’ Rights

Minnesota appreciates the important role grandparents can play in a child’s life, which is why it encourages visitation for grandparents in many situations. This is particularly true in cases involving the death of one or both parents and domestic violence. Many of our St. Paul family law attorneys are grandparents and parents, so we are particularly passionate about helping our clients preserve these critical relationships.

Adoption

Adoption can be a great way to grow a family and provide a home for a child in need. However, the adoption process can be quite complicated. Our St. Paul family lawyers have been helping adoptive families in Minnesota for more than 60 years.

We know the adoption process well and have helped families navigate adoption after the death of a parent and during stepchildren adoptions, agency adoptions, grandparent adoptions, and more. We are ready to take charge of your adoption plan so you can focus on the pending arrival of your new baby, child, or teen.

Prenuptial Agreements

Signing a prenuptial agreement is not standard in every marriage, but it can be incredibly helpful when couples get a divorce. With a prenup, spouses can sidestep Minnesota’s property division requirements. 

Essentially a private contract between soon-to-be spouses, a prenup dictates how pieces of property and assets will be handled in a divorce. According to Minnesota Statute 519.11, prenups can also be executed after a couple gets married, which are called postnuptial agreements. These can be particularly helpful when one spouse enters a marriage with a large estate or great wealth.

Our St. Paul family lawyers can help you put together a prenup or postnuptial agreement that is fair, legally binding, and most importantly, reflects your interests.

Domestic Violence

If you or your child has been the victim of domestic violence in St. Paul, Minnesota, you have the power to seek legal protection to keep you safe. You can leave an abusive relationship and file a restraining order to prevent any future acts of violence. Our attorneys can help you get a protective order, file for a divorce, and use the evidence of abuse to ensure your future and safety.