Serving Clients Throughout the South Metro and Across the Twin Cities
Our family law attorneys are some of the most sought-after family law attorneys in the south metro of the Twin Cities metro area. Our family law team is also the largest in the south metro, providing significant resources and the scale needed for very large or very small matters. Each of our four family law shareholders have been repeatedly named to the Minnesota Super Lawyers List, an honor received by only 5% of all Minnesota attorneys each year. Our skilled family law associates and paralegals complete our family law group to provide individualized services for family law clients whose needs are as diverse as Minnesota. If you need family law representation in Eagan, Apple Valley, or Lakeville, look no further than our Dakota County Family Law team.
Family law cases, including divorce, child custody, child support, spousal maintenance, prenuptial agreements and adoption, can be extremely complex and emotionally charged. The decisions you make in your family law case can affect you for the rest of your life. An experienced family law attorney can make this difficult process much easier to bear, helping you make sound, informed decisions about these critical legal matters.
At Dougherty, Molenda, Solfest, Hills & Bauer P.A., we have been serving the legal needs of clients throughout the Twin Cities since 1986. Our family law attorneys can provide the guidance and advocacy you need to get you through these difficult times. They will assist you in understanding both the financial and emotional issues involved in your family law case and will provide you with experienced advice every step of the way.
Family Law Solutions
Our family law attorneys serve both as counselors and as advocates, and they take each role very seriously. As with any legal practice area, our family law attorneys have an understanding of many different perspectives and processes. Our attorneys understand that a multi-dimensional approach is the best approach when dealing with personal issues that are often both sensitive and life-changing.
Today’s families are diverse and our family law attorneys understand that each case, and each client, is unique. We represent clients from all walks of life and lifestyles. Regardless of the legal issues or the life circumstances, our family law attorneys present well-considered options and provide seasoned advice. They listen, and they are equipped to respond appropriately. From the initial client meeting to the post-judgment hearing, our family law attorneys understand the importance of their roles both as counselors and as advocates.
Our team of family law attorneys is equipped with the knowledge and resources necessary to provide a full range of family law legal services, including the following:
Divorce/Marriage Dissolution
Divorce, also known as the dissolution of marriage, is the legal process of terminating a marital union. In Minnesota, divorces are granted on a no-fault basis, which means that neither spouse needs to prove wrongdoing by the other party. Instead, the grounds for divorce are typically an "irretrievable breakdown" of the marriage. The divorce process involves several steps, including filing a petition , serving the papers on the other spouse, and negotiating agreements on key issues such as property division, child custody, and spousal support. Legal representation can help ensure that your rights are protected and that you achieve a fair outcome.
The court considers various factors when determining the division of assets, such as the length of the marriage, each spouse's financial situation, and contributions to marital property. In cases where spouses cannot reach an agreement, the court may intervene and make decisions based on what it deems fair and equitable. Child custody and support arrangements are also critical components of the divorce process, requiring careful consideration of the best interests of the children involved. An experienced family law attorney can provide guidance and advocacy to navigate these complex issues effectively.
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Post-Decree Issues
Post-decree issues arise after the finalization of a divorce decree. These issues can include modifications to child custody, child support or visitation, or spousal maintenance arrangements due to significant changes in circumstances. For example, a parent may seek to modify custody if they need to relocate for a job, or a change in financial status may warrant an adjustment to support payments. Minnesota law allows for modifications when there is a substantial change in circumstances that makes the current arrangement unreasonable or unfair.
Enforcement of court orders is another common post-decree issue. If a former spouse fails to comply with the terms of the divorce decree, such as not paying child support or not adhering to visitation schedules, legal action may be necessary to enforce the court's orders. This can involve filing a motion for contempt or seeking other legal remedies. An experienced family law attorney can assist in addressing these post-decree issues to ensure that the terms of the divorce decree are upheld and that the needs of the children and parties involved are met.
Child Custody
Child custody in Minnesota is determined based on the best interests of the child. The court considers various factors, including each parent's ability to care for the child, the child's relationship with each parent, and the child's physical, emotional, and developmental needs. There are two primary types of custody: physical custody, which pertains to where the child lives and the daily care they receive, and legal custody, which involves decision-making authority over important aspects of the child's life, such as education and healthcare.
Joint custody arrangements are common, allowing both parents to share responsibilities and decision-making. However, the specifics of custody arrangements can vary widely depending on the circumstances of each case. The court aims to create a stable and supportive environment for the child while facilitating a meaningful relationship with both parents. A knowledgeable family law attorney can help parents understand their rights and responsibilities and advocate for a custody arrangement that serves the best interests of the child.
Parenting Time/Visitation
Parenting time, also known as visitation, refers to the time a non-custodial parent spends with their child. Minnesota law encourages frequent and continuing contact between a child and both parents, provided it is in the child's best interests. Parenting time schedules can be detailed and specific, outlining weekends, holidays, and vacation periods to minimize conflicts and ensure clarity for both parents and children.
In some cases, supervised parenting time may be necessary if there are concerns about the child's safety and well-being. The court may appoint a neutral third party to oversee visits to ensure the child's protection. Modifications to parenting time arrangements can be requested if there are significant changes in circumstances, such as a parent's relocation or changes in the child's needs. Legal representation can help parents navigate these adjustments and ensure that their parenting time rights are upheld.
Child Support
Child support is a financial obligation that a non-custodial parent pays to contribute to the costs of raising their child. In Minnesota, child support calculations are based on both parents' incomes, the number of children, and the amount of parenting time each parent has. The goal is to ensure that the child's financial needs are met and that they have access to a standard of living similar to what they would have if their parents were together.
Child support covers various expenses, including housing, food, clothing, education, and healthcare. Parents can request modifications to child support orders if there are significant changes in circumstances, such as changes in income, job loss, or changes in the child's needs. Legal assistance is often necessary to navigate the complexities of child support calculations, enforcement, and modifications to ensure that the support provided is fair and adequate for the child's well-being.
Spousal Maintenance
Spousal maintenance, also known as alimony, is financial support paid by one spouse to the other following a divorce. The purpose of spousal maintenance is to help the lower-earning spouse maintain a standard of living similar to that enjoyed during the marriage. In Minnesota, the court considers several factors when determining spousal maintenance, including the length of the marriage, the financial resources of each spouse, and the recipient's ability to become self-sufficient through education or training.
There are different types of spousal maintenance, such as temporary, rehabilitative, and permanent. Temporary maintenance is provided for a short period during the divorce process, rehabilitative maintenance supports the recipient while they gain skills or education to become self-sufficient, and permanent maintenance may be awarded in long-term marriages where the recipient is unlikely to become self-sufficient. An experienced family law attorney can help negotiate or litigate spousal maintenance agreements to ensure a fair and equitable outcome.
Prenuptial Agreements
A prenuptial agreement is a legal contract entered into by a couple before marriage, outlining the division of assets and financial responsibilities in the event of a divorce. In Minnesota, prenuptial agreements can address various issues, such as property division, spousal maintenance, and the handling of debts. These agreements can provide clarity and protection for both parties, ensuring that their financial interests are safeguarded.
To be enforceable, a prenuptial agreement must be entered into voluntarily by both parties, with full disclosure of assets and liabilities, and must not be unconscionable or unfair at the time of enforcement. Legal representation is crucial when drafting or reviewing a prenuptial agreement to ensure that it complies with Minnesota law and accurately reflects the parties' intentions. Prenuptial agreements can help prevent disputes and provide peace of mind by setting clear expectations and terms for the marriage.
Property Division
Property division in a Minnesota divorce involves the equitable distribution of marital assets and debts. Minnesota follows the principle of equitable distribution, which means that property is divided fairly, but not necessarily equally. The court considers several factors when dividing property, including the length of the marriage, each spouse's financial situation, contributions to marital property, and the needs of each party.
Marital property includes assets acquired during the marriage, such as homes, vehicles, retirement accounts, and businesses. Non-marital property, such as assets acquired before the marriage or through inheritance, is typically excluded from division. Disputes can arise over the classification and valuation of property, making legal representation essential to protect your interests and ensure a fair division of assets. An experienced family law attorney can help negotiate property settlements or represent you in court to achieve a just outcome.
Adoption
Adoption is the legal process of establishing a parent-child relationship between individuals who are not biologically related. In Minnesota, adoption can involve stepparent adoptions, relative adoptions, private agency adoptions, and international adoptions. Chapter 259.20 et seq. of the Minnesota Statutes applies to Minnesota Adoptions. The adoption process requires background checks, home studies, and court approval to ensure that the adoption is in the best interests of the child.
Adoption provides the child with legal rights and privileges, such as inheritance rights, and creates a permanent family bond. The process can be complex and requires compliance with state and federal laws. Legal representation can help navigate the various steps involved in adoption, from filing the necessary paperwork to representing you in court. An experienced adoption attorney can ensure that the process proceeds smoothly and that all legal requirements are met.
Guardianship
Guardianship is a legal arrangement where a person is appointed to make decisions on behalf of another individual who is unable to make decisions for themselves due to age, disability, or incapacity. In Minnesota, guardianship can be established for minors or adults, and the guardian is responsible for the individual's personal and financial affairs.
The process of establishing guardianship involves filing a petition with the court, providing evidence of the individual's need for a guardian, and attending a court hearing. The court will assess the individual's best interests and may appoint a guardian if it determines that the individual cannot manage their own affairs. Legal representation is important to ensure that the guardianship process is conducted properly and that the rights of the individual are protected. An experienced attorney can help navigate the legal requirements and advocate for the best interests of the individual in need of guardianship, particularly in the context of a marital relationship that has ended in a dissolution.
Orders for Protection
An Order for Protection (OFP) is a legal order issued by the court to protect individuals from domestic abuse. In Minnesota, an OFP can prohibit the abuser from contacting or approaching the victim, remove the abuser from the shared residence, and provide temporary custody of children to the victim. The purpose of an OFP is to provide immediate and long-term protection for individuals who have experienced domestic violence.
To obtain an OFP, the victim must file a petition with the court detailing the abuse and the need for protection. The court may issue a temporary OFP immediately, followed by a hearing to determine if a longer-term OFP is necessary. Legal representation can assist victims in preparing the petition, presenting evidence at the hearing, and ensuring that their rights are protected throughout the process. An experienced family law attorney can provide the support and advocacy needed to obtain an OFP and ensure the victim's safety.
Paternity Issues
Paternity issues involve the legal determination of a child's biological father, which can affect child custody, support, and inheritance rights. In Minnesota, establishing paternity can be done voluntarily through a Recognition of Parentage form signed by both parents, or involuntarily through a court order based on genetic testing. Establishing paternity is important for the child's legal rights and access to benefits, as well as for the parents' rights and responsibilities.
Once paternity is established, the father has legal rights and obligations, including the right to seek custody or parenting time and the responsibility to provide child support. Disputes over paternity can be complex and may require legal intervention to resolve. An experienced family law attorney can assist in establishing paternity, navigating the legal process, and ensuring that the rights of all parties involved are protected.
Mediation/Arbitration
Mediation and arbitration are alternative dispute resolution methods used to resolve family law issues outside of court. Mediation involves a neutral third party who helps the disputing parties reach a mutually agreeable solution. It is a collaborative process that encourages open communication and problem-solving.
In Minnesota dissolutions, and specifically in the context of dispute resolution, "SENE" and "FENE" are alternative dispute resolution (ADR) processes used in family law cases. They are designed to help parties resolve disputes related to custody, parenting time, and financial issues without going to trial. Here’s a description of each:
Social Early Neutral Evaluation (“SENE”)
SENE is a process used to address custody and parenting time issues. It involves the following steps:
Selection of Evaluators: Two neutral evaluators, typically one male and one female, are selected. They are experienced family law professionals, such as attorneys or mental health professionals.
Joint Session: Both parties and their attorneys meet with the evaluators in a joint session. Each party presents their perspective on custody and parenting time issues.
Discussion: Evaluators ask questions to clarify the issues and gather information.
Feedback: After the discussion, the evaluators provide feedback on what they believe would be a likely outcome if the case went to court. This feedback is based on their experience and understanding of family law.
Negotiation: The parties use the feedback to negotiate a resolution. The evaluators may facilitate these negotiations.
Financial Early Neutral Evaluation (“FENE”)
FENE is a process used to address financial issues such as property division, child support, and spousal maintenance. The steps are similar to SENE but focus on financial matters:
Selection of Evaluator: A single neutral evaluator, who is typically an experienced family law attorney or financial expert, is selected.
Joint Session: Both parties and their attorneys meet with the evaluator. Each party presents their financial information and their perspective on the financial issues.
Discussion: The evaluator asks questions to understand the financial situation better and gather necessary information.
Feedback: The evaluator provides feedback on the likely financial outcomes if the case were to go to court. This includes suggestions for property division, child support, and spousal maintenance.
Negotiation: Using the feedback, the parties negotiate a resolution. The evaluator may help facilitate these negotiations.
Both SENE and FENE aim to provide a realistic preview of what might happen in court, encouraging parties to settle disputes amicably and cost-effectively. They can be particularly helpful in reducing the time, expense, and emotional toll of prolonged litigation.
Fathers’ and Mothers’ Rights
Fathers’ and mothers’ rights refer to the legal rights and responsibilities of parents regarding their children. In Minnesota, both parents have equal rights to seek custody, parenting time, and involvement in their child's upbringing. The court's primary consideration is the best interests of the child, and both fathers and mothers are entitled to fair and equitable treatment in custody and support decisions.
Ensuring that your parental rights are protected can involve legal action, especially in cases of divorce, separation, or paternity disputes. Legal representation can help you understand your rights, navigate the legal process, and advocate for a fair outcome. An experienced family law attorney can assist in securing custody or parenting time arrangements, enforcing support orders, and ensuring that your rights as a parent are upheld.
Contact Our Divorce Lawyers in Dakota County
If you are seeking legal guidance or advocacy for a family law issue, our attorneys are here for you. We have been representing clients in Dakota County, Scott County, Carver County and Goodhue County, as well as Hennepin and Ramsey, for over 25 years. We serve the residents of our local communities of Apple Valley, Burnsville, Lakeville, Farmington, Rosemount, Hastings, Savage, Shakopee, Chaska and Red Wing.
Learn More
To learn more about the services our family law lawyers provide in the Twin Cities, please call us at 952-432-3136 or, if you prefer, contact us using our online form.