Divorce & Family Law Services in MN

When children are involved, custody and parenting time are often the most emotionally charged issues in a divorce or separation. Minnesota law recognizes two forms of custody:

Physical custody refers to where the child primarily lives. Physical custody can be sole (meaning the child lives primarily with one parent) or joint, meaning the child’s time is shared more equally between both parents.

Legal custody refers to the right to participate in major decisions about a child’s upbringing, including educational choices, religious training, and significant medical decisions. Legal custody is most commonly awarded jointly, meaning both parents have an equal say in these decisions.

All custody determinations are made based on the best interests of the child — a standard that takes into account a range of factors including each parent’s relationship with the child, the child’s adjustment to home and school, and each parent’s ability to provide a stable environment.

Third-party custody — including grandparent custody, foster parent custody, temporary guardian custody, and non-relative custody — is an increasingly active area of family law, and one we handle as well.

Parenting time, formerly known as visitation, addresses how children spend time with each parent. We work with clients to develop parenting time schedules that meet the developmental needs of the children, reflect each family’s unique dynamics, and are built to grow and adapt as the children grow.

Child support in Minnesota is calculated using an income shares model — meaning both parents’ incomes are taken into account, along with the amount of parenting time each parent has. Minnesota’s child support guidelines provide a formula, but the guidelines don’t always produce a fair result in every situation. 

Circumstances that may affect child support calculations include: 

• A parent who is self-employed or whose income is difficult to verify 
• A parent who is unemployed or underemployed — Minnesota law allows the court to impute income to a parent who is voluntarily not working to their full capacity 
• A stay-at-home parent returning to the workforce after an extended absence 
• Significant medical expenses or childcare costs 

Child support orders can also be modified after the divorce if circumstances change substantially. To successfully modify an existing order, the requesting parent must show both that there has been a substantial change in circumstances and that the change has made the existing order unreasonable and unfair. As a general rule, a 20% change in either parent’s income is typically sufficient to support a modification request. 

Spousal maintenance (also known as alimony or spousal support) may be awarded when one spouse needs financial assistance after a divorce to meet their reasonable needs while the other spouse has the ability to pay. It is not automatically awarded and is not intended to punish either party.

Situations where spousal maintenance is commonly considered include:

• A spouse who did not work during the marriage or has been out of the workforce for a lengthy period
• A spouse who cannot work due to illness, injury, or disability
• A spouse with limited job skills or education relative to the other
• A significant disparity in the parties’ standards of living post-divorce
• One spouse who paid for the other’s education or training during the marriage

Spousal maintenance is often temporary — designed to give the receiving spouse time to become self-supporting through employment or additional education. Permanent maintenance is less common and typically reserved for long marriages where one spouse is unlikely to become fully self-supporting. Like child support, maintenance awards can be modified if circumstances change significantly after the divorce, such as the remarriage or cohabitation of the receiving spouse.

A prenuptial agreement (also called an antenuptial agreement in Minnesota) is a contract entered into before marriage that defines how assets and debts will be handled in the event of divorce or death, and whether a business interest is an included marital asset. Far from being a sign of distrust, a well-drafted prenuptial agreement is a practical tool that protects both parties and eliminates uncertainty before it becomes conflict. 

Prenuptial agreements are particularly common when one or both parties are entering a second marriage, when there is a significant disparity in assets or income, when one party has children from a previous relationship, or when one party owns a business. 

We also assist with: 

• Postnuptial agreements — Similar to prenuptial agreements but entered into after the marriage has begun, for couples who qualify under Minnesota law. 

• Cohabitation agreements — For couples who live together but are not married, addressing how property and finances will be handled if the relationship ends. 

Our role includes drafting the agreement, representing clients during negotiations, fully explaining the legal significance of what’s being signed, and representing clients when disputes arise over enforcement.