This is a paid
advertisement.
|
Family Law Frequently Asked Questions of Minnesota Family Law Attorney Linda M. Ojala
The following information includes frequently asked family law questions. These questions and answers are general in nature and should not be used as specific legal advice for your case. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For specific questions about your case, please contact family lawyer Linda Ojala of the Ojala Law Office today 1. Do I have to go to court to obtain a divorce? A court of law is the only way in which one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage in Minnesota. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal maintenance (alimony), child support, restraining orders, etc. [ Back to Top ] 2. Can I object to the terms my spouse has requested in our divorce? Yes, you (along with your attorney) can reject the terms of your spouse's offer. On receiving an objection to the establishment of a family law attorney's settlement, the Minnesota divorce court may at its own discretion determine whether the case involves complex or substantial issues of fact or law related to property rights, visitation, custody or support. If the Minnesota divorce court finds that the case involves one or more of these complex or substantial issues, the court may implement a case management plan. [ Back to Top ] 3. Is a father who never married the mother still required to pay child support? What if the father is not allowed to see the child? Regardless of marital status, an 'assumed father' is any biological father of a child for whom paternity has been established by either the admission of the father or paternal testing. Assumed fathers are required to pay child support. Additionally, a man who never marries a child's mother, but welcomes the child into his home and supports the child as his own may gain a 'presumed' father status, and typically, the presumption of paternity holds the same rights and responsibilities of an assumed father, in regard to parental liability and monetary support. Every parent has a financial obligation to support their children and child support should never be confused with custodial or visitation rights. There is no state which permits a parent to withhold child support because of disputes over custody or visitation. If a non-custodial parent believes their rightful child visitations are being disrupted, it is recommended to contact an attorney to file a claim against the custodial parent in a court of law, rather than stop making child support payments as a form of retaliation. However, in the event of parental kidnapping, in which the custodial parent completely disappears with the child, any wage garnishments or income attachments as made for child support on behalf of the non-custodial parent would cease. For more information about complicated child custody and visitation issues in Minnesota, contact Twin Cities family law Attorney Linda Ojala of the Ojala Law Office. [ Back to Top ] 4. What happens to a father who refuses to pay court ordered child support? Under the Child Support Enforcement Act of 1984, it is against the law for any father, presumed or assumed, to not pay court ordered child support to the custodial guardian, regardless of joint custody. Federal laws permit the interception of tax refunds to enforce child support orders, and other methods of enforcement include wage attachments, seizure of property, suspension of a business license and possible driver's license revocation. In the event that none of these attempts are entirely successful, the court of law that issued the child support order can hold the father in contempt and, in the absence of a reasonable explanation for the delinquency, impose a jail term. [ Back to Top ] 5. Are there different types of adoption? Adoptions takes place in various forms and are generally classified as independent, agency, step parent, relative placement and adult adoption. Independent adoption occurs when birth parents and adoptive families find each other on their own or through the help of an adoption intermediary, i.e. a pastor, family friend or doctor. Agency adoptions are handled through a child placement agency and approximately two-thirds of all adoptions in the United States are arranged through agencies. In a step-parent adoption, the family adopting is a birth parent with a new spouse; this usually succeeds a divorce or spousal death. Adult adoption is the process whereby a person eighteen years or older is legally adopted by one or more persons eighteen years or older, and relative placement adoption occurs when the birth parent(s) is still a minor, has died or is disabled, or the child has been removed due to abuse and neglect, and another relative assumes physical custody and responsibility for the child. For more information about adoption in Minnesota, contact Twin Cities family law Attorney Linda Ojala of the Ojala Law Office. [ Back to Top ] 6. Should I make a prenuptial agreement with my future spouse? The answer to that depends on your specific circumstances, and on the two of you as individuals. Financial planners and divorce attorneys argue that prenuptial agreements should be considered if any of the following particulars apply: there are children involved from a previous marriage, there is an individual ownership of a business or family company, there are significant individual assets or a substantially unequaled income between parties, or there is concern about a future spouse's personal debt. Since laws about what constitute marital property and what governs the division of assets after marriage varies from state to state, a prenuptial agreement can work as a legal protection mechanism for both parties. Often, prenuptial agreements are misunderstood. It is argued that prenuptial agreements are an attack on trust, or evidence that financial matters outweigh the presence of love in a marriage. This is not necessarily true. Most prenuptial agreements are made by couples who want to bypass the mandates of court in the event of a divorce or death, or couples who have children or grandchildren from prior marriages and want to ensure that individual property such as businesses or estates pass down to the family rather than the spouse. Regardless of the circumstances, prenuptial agreements are a comprehensive decision, and should be approached bereft of emotional misconceptions. For guidance and legal advice about prenuptial agreements, please contact family lawyer Linda Ojala of the Ojala Law Office today. [ Back to Top ] 7. Can a prenuptial agreement be modified after marriage? Yes. Any terms of a prenuptial agreement can legally be altered or modified in the future, if both parties so decide. Other terms of the prenuptial agreement not altered will remain intact, unless both parties revoke the entire agreement in writing. And some states will alter prenuptial agreements without party involvement. For example, prenuptial agreements can become void one and a half years after the parties to the contract become parents, unless the agreement is later renewed in writing by said parties. As prenuptial agreements are becoming increasingly common, so are similar documents called post nuptials agreements. Post nuptials agreements are much like prenuptials, but are drafted and signed after a couple has been married. Post nuptials can be drawn up at any time during the course of a marriage, and can be altered in the same way as a prenuptial agreement. [ Back to Top ] 8. What are the benefits of using the Collaborative Law process for my divorce, child custody or other family law case?
[ Back to Top ] 9. How do I know whether the Collaborative Law process is the best choice for me and my case? It isn't for every client (or every lawyer), but it is well worth considering if some or all of these are true for you:
[ Back to Top ] 10. What is the first step for me to take in my family law case? If you or someone you know in the Greater Twin Cities Area of Minneapolis, St. Paul, or anywhere in the state of Minnesota needs the assistance of an experienced family law attorney to guide you safely through a trying legal matter, contact family lawyer Linda Ojala of the Ojala Law Office today, at 866-681-0439, or use the contact form provided on this site to begin a free half-hour consultation and evaluation of your family's legal needs. [ Back to Top ] |