Minnesota Family Law Attorney Linda Ojala of The Ojala Law Office Practice Areas

Collaborative Law:

Collaborative Law is an alternative, user-friendly way to resolve legal family disputes. The basic attitude marking Collaborative Law is a focus on solving the problem, not fighting the fight. Simply stated, it is treating the process as a way to "trouble shoot and problem solve" rather than to fight and win. Some people look upon the civil justice system as a place to resolve a dispute they have with another. Collaborative Law exists for this reason.

While no two situations are alike, the emphasis in Collaborative Law is to find a way in which the lawyers can work with the parties that will achieve a satisfactory settlement in an efficient, cooperative manner. This might include "four-way" settlement conferences where the parties meet with their Collaborative lawyers to work on a settlement. The philosophy of Collaborative Law is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial. Minnesota Attorney Linda Ojala has over thirty years experience as a lawyer and over twelve years experience successfully representing clients in the new and innovative Collaborative Law process in Minnesota.

Divorce:

Minnesota is a "no-fault" divorce state. A no-fault divorce is one where the spouse suing for divorce does not have to prove that the other spouse did something wrong. To file for a no-fault divorce, one spouse must simply state a reason recognized by the state. In most states, it's as easy as stating that the couple cannot get along (e.g., "incompatibility," "irreconcilable differences," or "irremediable breakdown of the marriage"). In a Minnesota divorce, as in several states, the couple must live apart for a period of time in order to obtain a no-fault divorce. Even in a no-fault state, complicated issues can arise in a divorce case such as domestic violence issues, child abuse accusations and complex disputes over asset division and financial matters. Minnesota divorce lawyer Linda Ojala has the experience and commitment to effectively advise and support you through every phase of your divorce.

Child Custody:

No area of family law brings to the courtroom the tension, anxiety, hostility, volatility and raw emotion as child custody and visitation litigation. Rare is the divorce, dissolution or custody determination in which the parties have been able to set aside personal differences to reach the goal of what is best for the children involved. "Custody" is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody.

Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent there are far reaching consequences both to you and to the well-being and development of your child. With offices conveniently located in the Greater Twin Cities Metropolitan Area, Minnesota child custody Attorney Linda Ojala is there for you when the most important things in your life - your children - are the focus of your legal needs.

Paternity:

Establishing legal fatherhood and the rights and duties that accompany it is known as paternity. There can be a difference between a biological father and a legal father. When a child is born, the mother's name automatically appears on the birth certificate. If she is married, her husband is assumed to be the baby's father. If the parents are not married, it is important for the mother, for the father, and above all for the child, to establish paternity. Minnesota paternity lawyer Linda Ojala can help to make sure that you follow all of the necessary steps in a paternity case to protect your (and your child's) legal rights.

Child Support:

Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared, and is based on a ratio of each parent's income, and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. The State of Minnesota has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents, and the standard of living the child is accustomed to. The Court may allow deduction items such as catastrophic medical expenses or other relevant items. Minnesota Child support Attorney Linda Ojala will apply her knowledge and experience to guide you through the child support process step-by-step.

Spousal Maintenance (Alimony):

Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support. Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines. Alimony lawyer Linda Ojala represents both men and women on either side of the issue of spousal maintenance (alimony) throughout the State of Minnesota.

Property and Debt Division:

Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate (including a home bought in contemplation of a marriage), a pension plan, vehicles, bank accounts, income tax refund and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under it determined to be non-dischargeable by the bankruptcy court or in state court. Divorce Attorney Linda Ojala will stand up for your legal rights and make it her goal to secure the property and/or settlement award that you deserve in your divorce case.

Adoption:

Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family. Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters. In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed, and the court orders the issuance of a new, amended birth certificate. Minnesota adoption lawyer Linda Ojala will guide your family through every step of the adoption process.

Prenuptial Agreements:

A prenuptial agreement, or a premarital agreement, (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married. This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

Factors that cannot be stipulated in prenuptial agreements are binding legal matters such as child support; i.e. a couple cannot lawfully agree in a prenuptial agreement that either party will in no way be responsible for restitution. And, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation. For more information about Minnesota prenuptial agreements, please contact Attorney Linda Ojala of the Ojala Law Office.

Taking the first step to a better solution:

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.