Family Law
At Morgan & Waldon, we understand the challenges and stress that families endure when going through a divorce, child custody, or child support matters. We are here to help you through the process and resolve issues with cost effective strategies and timely resolutions. When litigation can not be avoided, we will be the strong advocate you need in court aggressively representing your interests. We handle:
Divorce
Minnesota is a no-fault divorce state, which means that a divorce can be granted without either party engaging in marital misconduct. A spouse only has to show an “irretrievable breakdown” in the marriage. Most divorces end with a settlement, but when that is not possible you will have to go to court.
A contested divorce differs from an uncontested divorce in that the parties rely on the court to decide disputed matters such as custody, property division, or alimony. With an uncontested divorce, parties generally agree on the terms of the divorce. Often a contested divorce lasts over a year whereas an uncontested divorce is usually a few months.
A collaborative divorce is where both parties agree in advance to not use court proceedings throughout the entire process; it is a way to resolve the case without going to court and allows the parties to negotiate disputed issues. Each party helps shape the terms of their agreement on issues such as property division, child custody, and child support. If necessary, disputed issues can still be dealt with through mediation or arbitration. This is usually less costly than litigation and agreements can be finalized within a shorter time frame. If during the process you want to go to court, then the Agreement stipulates you must terminate the relationship with you collaborative law attorney and hire other counsel. For more information on collaborate divorce, visit the Collaborative Law Institute.
An annulment differs from divorce because it treats the marriage as if it never happened and the law provides for an annulment only under certain circumstances.
Child Custody
There are factors the court uses in child custody cases to determine what is in the best interest of the child. There is legal and physical custody. Legal custody gives the parent(s) authority to make decisions regarding a child’s education, heath, and religion. Physical custody is the residence where the child lives. One parent may be awarded sole physical and legal custody of a child or parents can have joint legal and/or physical custody of a child. Parents who share joint legal custody both make decisions about the child’s education, health, and religion. When parents have joint physical custody, a child will spend relatively equal time at each parent’s residence.
Visitation can be planned by both parents, but if there is a dispute then a parenting plan will be part of the divorce decree or the court may obtain guidance from a custody evaluator or guardian ad litem to determine what is in the best interest of a child.
Third party custody grants someone other than the parents custody. Custody is awarded to a relative, foster parent, or non-relative.
Child Support
In Minnesota, children have the right to benefit from the income of both parents. This means that when determining child support consideration is given to the gross income of both parents. Health care costs and child care expenses are built in to this calculation. If you want a rough estimate of child support obligations, please visit the Child support calculator at the Minnesota Department of Human Services.
Child support can be modified when there has been a substantial change in the situation such as a new or lost job, change in availability of health care coverage, or public assistance. Child support guidelines changed in 2007, and if your support order was calculated prior to 2007 you may be able to seek a modification.
Property Division
Marital property is any property acquired during the marriage. Property is presumed to be marital unless a party can show that the property is non-marital. Non-marital property is property acquired before the marriage; a gift, bequest, devise, or inheritance to one spouse; acquired by one spouse after the valuation date; or excluded by a pre-nuptial agreement. Generally, Minnesota divides marital property equitably or fairly, but there are exceptions.
Spousal Support
Spousal support is payments made by one spouse to the other for support. There are no guidelines for awarding spousal support and the court has discretion in the amount and duration of the award. Support is more likely when the parties have been married for a number of years and there is an income disparity between them.
Adoption
Adoption transfers all the right and responsibilities of a biological parent to an adoptive parent. Adoption is intended to protect the best interest of the child and rights of parents or guardians.
- Adoption
- Annulment
- Child Custody
- Child Support
- Divorce
- Domestic Partnership Agreements
- Grandparent Rights
- Paternity
- Property Division
- Prenuptial & Antenuptial Agreements
- Spousal Support
- Third-party custody
- Visitation
Divorce
Minnesota is a no-fault divorce state, which means that a divorce can be granted without either party engaging in marital misconduct. A spouse only has to show an “irretrievable breakdown” in the marriage. Most divorces end with a settlement, but when that is not possible you will have to go to court.
A contested divorce differs from an uncontested divorce in that the parties rely on the court to decide disputed matters such as custody, property division, or alimony. With an uncontested divorce, parties generally agree on the terms of the divorce. Often a contested divorce lasts over a year whereas an uncontested divorce is usually a few months.
A collaborative divorce is where both parties agree in advance to not use court proceedings throughout the entire process; it is a way to resolve the case without going to court and allows the parties to negotiate disputed issues. Each party helps shape the terms of their agreement on issues such as property division, child custody, and child support. If necessary, disputed issues can still be dealt with through mediation or arbitration. This is usually less costly than litigation and agreements can be finalized within a shorter time frame. If during the process you want to go to court, then the Agreement stipulates you must terminate the relationship with you collaborative law attorney and hire other counsel. For more information on collaborate divorce, visit the Collaborative Law Institute.
An annulment differs from divorce because it treats the marriage as if it never happened and the law provides for an annulment only under certain circumstances.
Child Custody
There are factors the court uses in child custody cases to determine what is in the best interest of the child. There is legal and physical custody. Legal custody gives the parent(s) authority to make decisions regarding a child’s education, heath, and religion. Physical custody is the residence where the child lives. One parent may be awarded sole physical and legal custody of a child or parents can have joint legal and/or physical custody of a child. Parents who share joint legal custody both make decisions about the child’s education, health, and religion. When parents have joint physical custody, a child will spend relatively equal time at each parent’s residence.
Visitation can be planned by both parents, but if there is a dispute then a parenting plan will be part of the divorce decree or the court may obtain guidance from a custody evaluator or guardian ad litem to determine what is in the best interest of a child.
Third party custody grants someone other than the parents custody. Custody is awarded to a relative, foster parent, or non-relative.
Child Support
In Minnesota, children have the right to benefit from the income of both parents. This means that when determining child support consideration is given to the gross income of both parents. Health care costs and child care expenses are built in to this calculation. If you want a rough estimate of child support obligations, please visit the Child support calculator at the Minnesota Department of Human Services.
Child support can be modified when there has been a substantial change in the situation such as a new or lost job, change in availability of health care coverage, or public assistance. Child support guidelines changed in 2007, and if your support order was calculated prior to 2007 you may be able to seek a modification.
Property Division
Marital property is any property acquired during the marriage. Property is presumed to be marital unless a party can show that the property is non-marital. Non-marital property is property acquired before the marriage; a gift, bequest, devise, or inheritance to one spouse; acquired by one spouse after the valuation date; or excluded by a pre-nuptial agreement. Generally, Minnesota divides marital property equitably or fairly, but there are exceptions.
Spousal Support
Spousal support is payments made by one spouse to the other for support. There are no guidelines for awarding spousal support and the court has discretion in the amount and duration of the award. Support is more likely when the parties have been married for a number of years and there is an income disparity between them.
Adoption
Adoption transfers all the right and responsibilities of a biological parent to an adoptive parent. Adoption is intended to protect the best interest of the child and rights of parents or guardians.
