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Rochester Family Lawyer

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Rochester Family Lawyers: Solving Family Legal Problems Throughout Minnesota

Family law cases are often among the most difficult kinds of cases for everyone involved, and emotions are frequently running high. At Kohlmeyer Hagen Law Office Chtd., we know how complex family law cases can be, and we also know how critical it is to have an experienced and compassionate advocate on your side during any type of family law matter. Whether you are anticipating a divorce or separation, you need help with a child custody or child support matter, or you have questions about issues like prenuptial agreements or paternity, a lawyer at our firm is here to help you. We have years of experience serving clients in Southern Minnesota, and we can learn more about your case today and provide you with information about your options. Do not hesitate to get in touch with a Rochester family law attorney at our firm to find out more about how we can help.

Areas of Family Law

Types of Family Law Cases We Handle in Rochester

At Kohlmeyer Hagen Law Office Chtd., we represent clients in a wide range of family law cases. We know how important it is to approach each case with the understanding that, while there are certainly similarities among types of family law cases, every case will have its own set of facts. We will tailor our approach to the specific facts and circumstances of your case, whether you are getting divorced or going through a complicated child custody matter. The following are examples of the kinds of family law cases we routinely handle for clients in Rochester:

  • Divorce;
  • Child custody;
  • Parenting time;
  • Farm divorce;
  • Business divorce;
  • Military divorce;
  • Grandparents’ rights;
  • Spousal support or alimony;
  • Family mediation;
  • Paternity cases; and
  • Child support

Divorce in Rochester, Minnesota

Divorce is one of the most common types of family law cases, and we regularly represent clients in divorce cases in Rochester. We know that you are likely to have many different questions about divorce in Minnesota, and in the Rochester area specifically. The divorce process can be extremely complicated, it can be difficult to understand with certainty how much time you should expect your case to take, or how certain issues work in a divorce case. Our Rochester divorce lawyers are here to help.

Contested Versus Uncontested Divorces in Rochester

The matter of contested versus uncontested divorces is an important one to know about in Minnesota. Whether a divorce is uncontested or contested will significantly impact the cost of your divorce, as well as the length of time the divorce will take. In an uncontested divorce, the spouses have reached an agreement about every matter, and there are no issues in dispute. Differently, in a contested divorce, one or more issues in the case remain in dispute.

As you might expect, uncontested divorces take much less time and tend to cost significantly less money since they do not require presenting a case before a judge so that the judge can rule on an issue like property division or child custody. Even if you start out with a contested divorce, you may be able to have an uncontested divorce ultimately through informal negotiations or by considering divorce mediation.

Division of Marital Property in a Rochester Divorce

Minnesota is an equitable distribution state, which means that all marital property in a Rochester divorce will be divided equitably as opposed to equally between the spouses. Marital property, which includes assets and debts, usually includes all assets or debts acquired or accrued after the date of marriage. Most property acquired before the date of marriage will be considered separate property and will not be divided.

Child Custody in Rochester Divorces

Child custody cases can be particularly difficult and contentious, and it is critical to have a Rochester family law attorney on your side with experience handling child custody matters. Minnesota courts will generally want to ensure that parents both share in making decisions about their child’s well-being and in spending time with the child where it is possible and

Legal Versus Physical Custody

Minnesota recognizes both legal custody and physical custody. With legal custody, parents make important decisions about the child’s upbringing. With physical custody, the parents spend time with the child and provide day-to-day caretaking functions for the child. Both forms of custody can be either sole or joint custody.

Child Support in Rochester

In child support cases, it is important to know that Minnesota uses an income shares model. Accordingly, courts will combine both parents’ incomes to determine a total support obligation based on the statutory guidelines. Courts consider the number of overnights the child has with each parent and other relevant factors when apportioning each parent’s total support obligation.

Family Mediation in Rochester, Minnesota

Mediation can be extremely helpful for many types of family law cases. In mediation, the parties engage in communication that is facilitated by a neutral third party known as a mediator. The mediator helps the parties to negotiate and to try to resolve any issues in dispute. If the parties reach an agreement, they can make the agreement binding. Otherwise, the parties are free to take their case to court.

Rochester Premarital or Prenuptial Agreement

Premarital agreements, or prenuptial agreements, are important matters in family law. With a premarital agreement, parties can reach an agreement about various financial issues during the marriage or in the event of a divorce.

Paternity and Unmarried Parents in Rochester, Minnesota

Our Rochester family law attorneys also handle paternity cases, which involve establishing parentage when parents are unmarried. Paternity can be important for a parent to seek custody, for the other parent to seek child support, or for the child to obtain important information about their history.

Contact Our Rochester Family Law Attorneys Today

Whether you are going through a divorce, a child custody case, or another type of family law issue, one of the experienced Rochester family lawyers at our firm can begin working with you on your case today. We are committed to serving individuals and families in a wide range of legal matters impacting parents and children, as well as spouses and partners. We know how complex and emotionally difficult family law cases can be, and we are here to assist you. Contact Kohlmeyer Hagen Law Office Chtd. online or call us at 507-625-5000 today for more information.

Frequently Asked Questions

About 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 on 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.

What If Domestic Abuse is Involved?

Victims of domestic violence have many difficulties on their plate at any given time: dealing with the physical effects of abuse, seeking help with mental trauma, and finding a positive care situation for children. Going through a divorce can often exacerbate these issues. Emotions run high in almost any divorce process, and the increase in tension can make a bad situation worse. If you are a victim of domestic violence and are considering a divorce, or are already started on the divorce process, contact us to learn more about your legal options.