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Family Law FAQs

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Family law issues are emotional and legally complex.

If you see a dispute on the horizon, or if you have received court papers, then get in touch with one of our Minnesota family law attorneys as soon as possible.

Frequently Asked Questions

Family Law

I’m not Rich, so Do I Need a Prenuptial Agreement?

Prenuptial agreements can be very helpful, regardless of your wealth. With this type of agreement, you can:

  • Identify what is your marital property and what is separate property. Minnesota has rules in place to determine whether property is marital or separate, but you can designate property in the prenuptial agreement.
  • Determine who will get what in a divorce. You can make the division of property and debts yourself.
  • Decide whether either spouse will get alimony, called spousal maintenance, and for how long.

Prenups are for more than divorce. When you die, your spouse has a right to an “elective share.” This is a percentage of your estate based on how long you were married. The elective share preempts what’s in your will. In a prenup, spouses can waive their right to an elective share, which protects assets for your children from a previous marriage.

What are Available Grounds for Divorce?

Minnesota is a no-fault divorce state. The only ground for divorce is that the marriage has irretrievably broken down. Basically, if one spouse wants to get divorced, then the marriage has broken down.

Can a Grandparent Get Visitation if the Parents Object?

Yes, but it is difficult. Generally, parents are free to raise their children as they see fit, without the interference of grandparents or anyone else. There are limited situations where a grandparent can seek visitation:

  • Their child (the grandchildren’s parent) has died.
  • The child has lived with the grandparents for at least a year.
  • The parents of the grandchildren are in the midst of a divorce, legal separation, annulment, or parentage proceeding, or have gone through one of these disputes in the past.

Grandparents need to be prepared to show it is in the child’s best interest to have visitation with them. The child’s best interests are always the touchstone when it comes to visitation.

Can Grandparents Get Custody?

Yes. There are generally two situations where grandparents can request custody:

  • You’ve been acting as the custodian for a child for a certain amount of time, usually 6 months or a year, depending in the child’s age. This is called being a “de facto” custodian.
  • You can show harm or danger to the child, such as abandonment, neglect, or abuse. Your evidence must be clear and convincing. For example, medical records and police reports showing abuse are helpful.

Custody as a grandparent is very difficult to get if either parent fights it.

Get in Touch with a Minnesota Family Law Attorney

To protect your rights in a family law dispute, you need an experienced attorney who is looking out for your rights. Hire a seasoned Southern Minnesota family law attorney by calling Kohlmeyer Hagen Law Office today. We offer a free consultation, which you may schedule by calling 507-625-5000.