A:  There is no requirement that a couple be separated for any period of time in order to file for divorce. However, one of the parties must be a resident of the state of Minnesota for at least 180 days prior the serving and starting a divorce. Minnesota Statute 518.07.  

 

 

A:  We often get a calls asking about obtaining a Legal Separation rather that a Divorce. In most cases, the reason for the question is that the person thinks that they need to first be granted a legal separation prior to finalizing their divorce. 

 

A legal separation is an action, like a divorce, but with significant limitations. A legal separation is a court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship. However, the court does not make a division of marital property and does not terminate the marital status of the parties. Given these limitations, a legal separation is rarely utilized. However, some parties prefer this option if they believe the marriage can be saved or are opposed to a divorce on moral or religious grounds.  Minnesota Statute 518.06. 

 
Q:  Can I get an annulment?

A:  We often are asked if an annulment is available when parties are married for only a short period of time.   The short answer is no. Annulments are granted only in very specific statutorily enumerated circumstances—like a party did not have the capacity to consent to the marriage, a party lacks the physical capacity to consummate the marriage by sexual intercourse and the other party was unaware of the incapacity at the time of the marriage. Thus, these circumstances are so fact specific that it is rare for annulment to be an option.  Minnesota Statute 518.03

 

 

 

A:  A divorce is started by serving your spouse with a Petition for Dissolution of Marriage. Our firm can prepare a Summons and Petition for Dissolution of Marriage very quickly, as demanded by each individual case.

 

 Q:  How long will it be before a divorce is finalized?

 

A:  One of the many questions our clients ask is how long will it take to finalize their divorce. The answer to this question depends on all of the facts of your case. Is there an agreement on all or some of the issues? What issues are contested? Are there minor children? Are both parties represented by counsel? In what county is the divorce filed?  

 

In the best case scenario, where both parties agree on all issues, the divorce can be finalized in short order—within a month or two, depending on the court calendar and if a hearing is required. If there are issues that can only be resolved by the court, it can take upwards of one year, sometimes longer, to have a trial on the contested issues. 

 
Q:  How is child support determined?

A:  Child support (which includes basic support, medical and dental support, and child care) is determined by Minnesota Statute Section 518A.  Parents are generally obligated to provide support until their child reaches 18 years of age, marries, dies, joins the armed services or otherwise becomes emancipated.  If the child is enrolled in high school on his/her 18th birthday, support continues until that child graduates from high school or reaches the age of 20 years old, whichever occurs first.  There is no legal obligation for parents to pay for, or contribute to, college or other post-secondary education.

To determine the amount of child support, the following information is needed:
*  Each parent's gross monthly income (from all sources)
*  How many minor children do the parties have in common (joint children)
*  How many non-joint children live in each parent's home (a child of the party who is not the child of   
    the other party)
*  Any other child support orders for either parent
*  Any spousal maintenance orders for either parent
*  The amount of benefits from Social Security or the VA paid to a joint child due to a parent's 
    disability or retirement
*  The monthly cost for medical and dental insurance
*  The monthly cost for child care
*  The percentage, or amount of parenting time awarded in a court order

If you would like to give us a call, we can help you make a preliminary estimate of what the child support obligation in your case may be.
 

A:  No one attorney can represent both parties as this would be a conflict of interest. However, our firm has settled countless cases where there is agreement on the issues and the other party chooses not to be represented by an attorney. While we cannot and will not give legal advice to your spouse, we can help facilitate an agreement that is fair to you and do the necessary paperwork to finalize your divorce.  

 

Q:  What are the costs to retain Hennek Klaenhammer & Lees, P.A.?

A:  The cost for your initial retainer is dependent upon the nature of the case and the issues that are in dispute. Therefore, we will need to speak with you in more detail in order to assess the appropriate retainer fee.  Our hourly billable rate is $225 for the time the attorneys spend working on your particular case.  We do not charge separately for the time spent by a legal assistant.  The hourly charges are billed against your initital retainer.  Also, from your retainer, we pay the court filing fee ($330 in most cases) and the costs of serving the Summons and Petition.  If, and when, the initial retainer is exhausted, you will receive a monthly bill, which we ask be paid and kept current on a monthly basis.