Category: Child Custody

What Are The Most Common Types of Family Law Cases?

May 22, 2017  |  Elizabeth A. Schading

Family is the most important thing in the world and this means that any problems that arise are particularly troubling for everyone involved. This is where family law steps in and tries to solve any breakdowns as amicably as possible. Family law disputes are dealt with in the civil court system, which allows two people to settle their differences in front of a judge. Family law cases will deal with domestic matters and are usually between spouses and parents, whether this is solving problems between them or concerning issues with their children. Read on to find out more about the common issues that can arise in family law cases and how they are dealt with in court. Divorce When a husband or wife wants to end their marriage, sometimes it is not a straightforward and easy situation to deal with. Common problems include resentment and arguments over what happens to property and belongings that are shared after the separation, as well as any alimony or spousal support that is due. In court, a judge will be able to consider all of the evidence and decide what each person should receive and the fair division of martial assets, as well as granting a divorce or annulment.  Child Support Cases concerning child support are taken…

Read More

Spousal Maintenance in Minnesota

February 10, 2017  |  Elizabeth A. Schading

Going through a divorce is never easy for a family. The spousal support laws vary from state to state and can be extremely confusing. Thankfully, you can rely on your family law attorney to be a valuable resource in navigating these complex issues. What are the spousal support laws in Minnesota? Minnesota courts have the power to order one spouse to pay alimony to the other (also referred to as spousal maintenance.) Often, the spouse who earns less money annually will make a request for spousal support from the higher earning spouse. This ensures that they can each maintain a reasonable standard of living to which they have become accustomed. Other reasons to request spousal support include the inability of one spouse to work due to giving full time care to a child that possesses a high level of need. This demonstrated need can be medical, physical, or mental. Minnesota courts can decide on three different kinds of spousal support: Temporary support. In this case, the support is paid by one spouse to the other during divorce proceedings. The income of both spouses is taken into account. Short-term support. This type of support helps one spouse achieve job training or continued education, with the intention that they will be able to earn more…

Read More

How is Child Custody Determined in a Minnesota Divorce?

February 21, 2015  |  Elizabeth A. Schading

Child custody is one of the most complicated issues in a Minnesota divorce. Although custody issues seldom go to trial, it’s still difficult for parents to come to an agreement on who should have custody of the child, or if the custody should be shared. It’s important to understand the types of child custody in Minnesota and how custody is determined. Types of Child Custody In Minnesota, there are two primary types of child custody: • Physical • Legal Physical refers to the child’s day-to-day routine and where he or she lives. Legal refers to how the child is raised, such as what school the child attends, his or her health care and religious upbringing. Some parents share custody, which is known as either joint legal or joint physical custody. But in some cases, one parent may have sole custody (both physical and legal) of the child. When parents share legal custody, it means that both parents will share the decision making when it comes to how the child is raised. When parents share physical custody, it means that the child’s residence and daily routine will be split between both parents, but not necessarily on an equal basis. How Child Custody is Determined In Minnesota, child custody can be determined in two ways:…

Read More