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Please contact our office for any questions regarding family law matters, or for a consultation to discuss your case: Divorce Divorce is the legal process to terminate a marriage. In Minnesota, the court will grant divorce when one party alleges an irretrievable breakdown of the marital relationship. In the divorce process, assets and debt will be distributed among the parties. If the parties have children, custody and child support will also be determined. If the parties disagree, the court will determine the issues in dispute. However, most divorces settle without going to trial. Annulment An annulment is a court process that ends a marriage and treats the marriage as though it never happened. Marriage may be annulled under Minnesota statute if one party was not able to give their voluntary consent due to mental illness or incapacity, if one party was under the influence of an “incapacitating” substance, or if consent was obtained by force or fraud. Marriage also may be annulled if one party is unable to consummate the marriage or if the party was under legal age for marriage. Child Custody and Parenting Time Child custody and parenting time are normally determined when parents are divorced, or in court actions for paternity. Parenting time is commonly referred to as visitation, and refers to the time that the non-custodial parent spends with a child. Parenting time schedules are usually set by a court order. Child Support Modification Child support is normally set by the court based on the gross income of both parents and the amount of court ordered parenting time. The law presumes that both parents can or should work, and the court will set child support based on details of the parent’s income, or a minimum amount including up to 150% of the current minimum wage. Child support includes basic support, medical support, and child care support. A parent can motion the court to modify the existing child support obligation. In order to modify the obligation, he court must find that there has been a change in circumstances that makes the current support order unreasonable or unfair. A change to a child support order can only include the time period back to the date the Motion to Modify was served on the other parties. Spousal Maintenance Spousal maintenance (also known as alimony) can be ordered by the court if the spouse seeking maintenance demonstrates the need for support to provide for their reasonable needs. The standard of living established during the marriage is taken into consideration, as well as the ability to provide for self-support. Maintenance may be provided for a period of training or education. |
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Bruce B. Phillips Thomas Lake Executive Center 1590 Thomas Center Drive Suite 106 Eagan, MN 55122 |
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Phone: 651-208-2420 Fax: 651-207-4520 E-mail: bruce@bphillipslawoffice.com |
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Attorney at Law, Certified Public Accountant |
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Bruce B. Phillips |
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Family Law |