Get free answers to your Family Law legal questions from lawyers in your area.
I was initially served by alternate means other than publication an Affidavit of service by mail dated June 21 2018 is on file with the court the Court held a hearing on June 28th 2018 and I did not appear the court issued an order for protection dated June 28th 2018 by default
answered on Aug 15, 2018
Speak with an attorney. If you were not properly served, you may be able to reopen the case.
Husband charged up card in my name. No big deal til he quit paying. I cannot afford the huge payment. I want to file for divorce due to emotional,financial and verbal abuse. 3 kids stuck in the middle of this big mess. Summons showed up from the people who bought the debt. Tried to settle but they... View More 
answered on Aug 10, 2018
Bankruptcy first, then divorce. Bankruptcy will be over in 90 days.
I filed for divorce and want to remove my divorce petition. Trial starts next week. I believe that the attorney for the other party put in place that if I removed my petition that she would automatically become the petitioner and we would proceed from there. Though I do not believe that my wife... View More
answered on May 10, 2018
The Judge cannot deny you the right to withdraw your Petition; however, I am guessing your spouse served and filed a Counter-Petition and if so she can proceed on her Counter-Petition over your objection.
Never applied for immigration/spouse visa etc. Her husband just asked for divorce, and is threatening her to take her kids, kick her out, etc. She doesn't know what to do, or how to get help. any advice?
answered on May 8, 2018
She should schedule an appointment with an experienced immigration attorney.
answered on May 4, 2018
If there is no court Order, and he is the father of the children, each of you have the right to have the children and equally each of you can "take" the children anytime each of you wants, until there is a court Order designating what days each of you have. Is he harmful to the children... View More
I had decided to move in with my father when I was 14 and my parents were already separated my dad now I think my dad has shared custody of me, however I am not totally sure. I want to go back to my mother.
answered on Apr 9, 2018
You need to talk with your parents as to your reasons for wanting a change in the time you spend with each of them.
She was laying in her bed when dog attacked
answered on Apr 9, 2018
Most likely, but you need to talk with an attorney as soon as possible to go over the specific facts of the unfortunate attack.
Mom makes more than Dad. Dad had to quit job to watch kids that are under his care because Support money made it impossible to pay for daycare. Support isn't being used for caring for daughter, she's never wearing shoes that fit, her hygiene is questionable.. Also daughter will be with... View More
answered on Apr 4, 2018
A substantial change in financial circumstances can be a basis to change a child support obligation. I would need to know much more to give you a complete answer. You would need to bring a motion in order to lower support(unless your X agreed). You should talk with an atty to help you.
The parents have several domestic assault convictions, one back in 2015 when the mother stabbed the father twice in front of the kids. The girls were give to myself and my husband to foster until the Mother completed rehab and counseling. The parents are fighting again, and I need to get the... View More
answered on Apr 3, 2018
I would suggest you hire a family law attorney to help you.
answered on Mar 26, 2018
There are two types of Custody-Legal and Physical and it depends upon what your Judgment and Decree says.
We have joint legal and physical custody. I have asked her for the reason why she has them in counseling and she will not provide any information. My children are under my insurance and I have not consented to them being treated for this non emergency medical treatment. Can she legally continue... View More
answered on Mar 19, 2018
You may not wish to cancel any appointments until you first consult with the counselor to see if your children need counseling; however, unless your Divorce Decree provides otherwise, if you have joint Physical and Legal custody, your X should not enroll your children in counseling without your... View More
We amicably separated, and successfully co parent, everything is split 50/50. We have never filed any paperwork with the court.
This pertains to Minnesota law
answered on Mar 17, 2018
Until a proceeding occurs, there are no real rules established as to the custody arrangement.
We are divorced, my kids dread going to stay with their dad and want to stay with me. They are ages 11 and 9.
answered on Mar 12, 2018
There is no stated age upon which a child is able to decide who they want to live with; however, the reasonable preference of a child is one of the factors the Court will consider in determining what is in the child's best interest. As the child gets older and more mature, the child's... View More
answered on Mar 6, 2018
To seek relief from a child support obligation, your friend should bring a motion to modify or suspend the child support order during the period he will not be earning an income.
My ex recently enrolled my daughter under his new insurance through MNSure without letting me know or speaking to me about it. We have joint custody. I would have liked her to be under my insurance instead, if it’s more beneficial and a better rate. He does not provide me a copy and won’t add... View More
answered on Mar 5, 2018
Re: health Ins for your daughter, it depends upon what your Judgment and Decree says re: that issue. If it is silent concerning the health ins(which I doubt)then you will need to either amend the JD to cover that issue re: an agreement with your X and absent an agreement, with a court hearing re:... View More
In the division of asset (401K) during a divorce in Minnesota what is the applicable state domestic relations law citations?
answered on Mar 2, 2018
For division of property in a Minnesota divorce, the applicable statute is Minnesota Statute Section 518.58.
answered on Feb 23, 2018
That depends upon many factors, most important, in Minnesota if you do not bring a Motion to extend or at least reserve the issue of SM before the date for termination of SM in your JD, you may forever be barred from continuing the SM. You need to contact a family law atty ASAP
We are separated, have all assets dissolved, no request for pension or alimony. Just want to finalize with a dissolution.
answered on Feb 23, 2018
Because your children are no longer minors, your dissolution filing status would be "without" children.
I moved out of state and have requested to see my child multiple times but the mother refused, Judge suggested mediation but it still didnt work due to the mother using the child as a pawn. How do I request modification and uninterupted telephone and visitation access to my child? I also need a... View More
answered on Feb 20, 2018
Assuming you are a good parent, the court would likely enforce and perhaps modify your time with your child now that you have moved out of state and the existing schedule is no longer practical. You will need to bring a Motion to be heard by a judge to make those changes.
I'm paying $1,800 a month in child support and then it says as additional child support the parties agree to equally share the costs of extracurricular activities above and beyond the standard schooling curriculum. I am wondering what that includes? My ex-wife is signing the kids up for voice... View More
answered on Feb 15, 2018
An agreement to share extracurricular activity expenses is an obligation that is in addition to the guideline basic, medical and childcare support order. Based on the information you provided, it appears you and your ex-wife agreed to equally share the cost of extracurricular activities for the... View More
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