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 than $500.00 per hour for their work as a result of significant overhead expenses. Another important factor that impacts a lawyer’s rate involves their expertise. Younger, inexperienced lawyers can’t charge as much as their tenured counterparts. While their hourly rate may be lower ..read more

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 for summary dissolution, joint petitions, temporary relief, answer and counter petitions, default scheduling, contempt motions and certificates of dissolution. The Minnesota State Law Library provides divorce, spousal maintenance, finance and property ..read more

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 resides. The concept of full custody in Minnesota generally means that one parent has sole physical or legal custody of a child. Custody and parenting time issues are decided in many situations, including: (1) when married parents are filing f ..read more

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 county courthouse where your divorce was granted. Each district courthouse in Minnesota offers electronic access to statewide public case records through public access terminals. Here is a link to copy request forms in each county: https://mncourt ..read more

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 or both parties would normally appear before the court without an attorney. The Pilot Project provides individuals who cannot afford an attorney with quality alternative legal services. This Pilot Project started March 1, 2021 and runs through March 31 ..read more

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 threatening to expose something. In the context of harassment, the question involves whether the actions of another are, indeed, “harassment” as defined by law. By statute, “harassment” has a very narrow definition. Conduct that is merely offensive or rude i ..read more

The stakes are high in divorce cases. The stress of the proceeding is heightened by the fact that there are, with rare exception, no “do-overs” in family court. Unnecessary errors can be made that may result in an unjust outcome – or put you at risk. Here are the top ten mistakes I see litigants make in divorce cases: Overconfidence. There is no certainty in family law cases. The reality is that the court may not see the facts or law your way. The best way to manage the risk involves making an effort to resolve matters outside of the courtroom. Failing to Account for Taxes. Tax is not a very ..read more

It was a privilege to offer a recent presentation to the Minnesota Judicial Branch concerning domestic abuse issues – my third invitation to teach over the last two years. Over 130 judges and law clerks were in attendance to learn about the four types of cases that can result from an allegation of child abuse: (1) custody disputes; (2) an order for protection; (3) assault charges; and (4) child protective services investigation. Allegations of harming a child can have a wide range of consequences within the court system. In terms of family court, divorce and paternity actions take into account ..read more

Spousal maintenance is an emotionally-charged issue in divorce. I’ve handled many cases requiring a trial because the parties could not agree on whether alimony was appropriate, or the amount and duration of spousal maintenance. Maintenance is tricky because, unlike child support, there are no formal guidelines or formulas to assist divorce litigants in determining what is reasonable under their circumstances. If left to the judge, the court has limited options. The result can either be: (1) no maintenance at all; (2) temporary maintenance; or (3) permanent maintenance. Maintenance cases tend ..read more

Many divorce litigants are accused of “dissipating” marital assets by their spouse or opposing counsel. Quite often, however, that term is misapplied. Those who have “dissipated” assets stand to have a credit assigned to them for the value of lost property. If you’ve been accused of dissipating marital assets, we can help. “Dissipation,” just like “parental alienation,” is a buzz word with emotion attached to it. Does merely saying negative things about the other parent constitute parental alienation? No. Does losing the value of property during a marriage constitute dissipation of an asset? N ..read more