We are located near the confluence of the Mississippi River and the St. Croix in beautiful Hastings, Minnesota.
We can help with divorce, custody, child support, post-decree, adoption, restraining orders, and orders for protection.
A divorce legally begins with the service of the Summons and Petition for Dissolution of Marriage. Service can be accomplished by your spouse signing an Acknowledgement of Service or personal service by a third party.
Generally, once a divorce is begun, most cases begin with an exchange of information. This information is bank statements, retirement statements, debt statements, etc. This information gathering allows for an easier development of a balance sheet that will eventually (hopefully) guide the way to resolution.
If there are children involved in the marriage, the issue of custody and parenting time are resolved first (if possible). Resolution is attempted to be reached through direct negotiation, mediation/alternative dispute resolution and if necessary, the litigation process through Court.
Financials are then addressed by creating a balance sheet. With the balance sheet, assets and liabilities are divided in a fair and equitable matter. With financials, the issue of cash flow will also be addressed which is child support (if children are involved) and spousal maintenance.
If the case is not resolved through mediation and negotiations, the matter proceeds through the traditional litigation process.
Custody cases begin either with a Paternity case, meaning a DNA test needs to be done or a Recognition of Parentage has not been executed, or a Custody case. A paternity case means that before you can address custody, it needs to be established who the father is. This is done through a DNA test or the parties executing a Recognition of Parentage.
Once there is a determination of the father, a custody case legally begins with the service of the Summons and Petitioner for Custody and Parenting time. Once service is completed, generally the matter proceeds to some type of alternative dispute resolution such as mediation wherein hopefully agreement can be reached.
If it cannot, then the matter can proceed to Court or possibly to a custody evaluation. A custody evaluation is where a neutral third party evaluates the parents, and the relationships between the parents and the children through interviews, observations, etc. and makes a recommendation in the minor children’s best interests.
A child support can be resolved within a divorce and/or custody and parenting time case, or it can be a separate case by itself.
If it is a separate case, it is likely handled in the expedited child support process. This is a separate process than district court.
These cases arise when after a dissolution and/or custody case is resolved, circumstances change and the Order needs to be change/amended.
It is likely that the issue will first be addressed in an alternative dispute resolution process, like mediation, and then proceed to Court if necessary.
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