Divorce Law Attorney Eden Prairie, MN
Steve Hennek and Leigh Klaenhammer, the divorce attorneys of Hennek Klaenhammer Law, PLLC have years of experience providing legal council to those going through divorce in the Eden Prairie, MN area, and throughout the state. Our Minnesota divorce attorneys understand that every family is unique, and each family has a distinct set of issues to address. For some families there comes a time when things must change. When a change in your family results in divorce or requires a legal intervention, it is important that you work with an attorney you can trust to protect your family’s best interests and your rights. Our goal is to focus on those unique and diverse needs and provide the best resolution possible.
Our family law services include, but are not limited to:
- Divorce – contested, uncontested, and annulments or collaborative
- Parenting time (visitation)
- Post-decree disputes
- Property Division
- Appeals
- Child custody
- Child support
- Spousal Maintenance
- Orders for protection
We strive first to attempt to reach an amicable settlement through various alternative dispute resolution avenues. However, we understand that many cases and issues cannot be resolved through mediation or other methods, and that litigation may be necessary. Our team is fully prepared to take your case to court and aggressively defend your interests. When necessary, we will engage experts such as child psychologists, forensic accountants, appraisers, business evaluators, and other professionals to present important pieces of your case.
Please call Hennek Klaenhammer Law, PLLC today at 651-633-4400 to discuss these issues or any other questions.
Child Custody Attorney Eden Prairie, MN
The family law firm, Hennek Klaenhammer Law, PLLC., in Roseville, MN provides skilled child custody legal services to those wishing to seek a divorce or address other family law issues in the Eden Prairie, MN metro area, and throughout the state. At the time of divorce, you want to do what is best for your child, while at the same time protecting your rights. It can be difficult to make decisions and come to an agreement, or engage in litigation – we are here to help. We represent and counsel parents on a variety of legal issues affecting children.
Important areas to consider are:
- Who will have physical custody or the responsibility for the daily care of your child, or will this be shared
- Will you share legal custody, or the responsibility your child’s health, education and religious upbringing
- Does your child have special needs
- Is the other parent expressing a desire to move from Minnesota to another state
In determining custody, the law requires that the Court analyze the following 13 factors:
- The wishes of the child’s parent or parents as to custody.
- The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
- The child’s primary caretaker: (the daily routine: preparing meals, changing diapers, bathing, dressing, taking the kids to doctor appointments, reading to them, tucking them in at night, clipping fingernails, doing their laundry, etc.)
- The intimacy of the relationship between each parent and the child.
- The interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child’s best interests.
- The child’s adjustment to home, school and community.
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
- The permanence, as a family unit, of the existing or proposed custodial home.
- The mental and physical health of all individuals involved; except that a disability, as defined in section 363.01, of the proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interests of the child.
- The capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child’s culture and religion or creed, if any.
- The child’s cultural background.
- The effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent.
- Except in cases in which a finding of domestic abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.
Please call Hennek Klaenhammer Law, PLLC today at 651-633-4400 to discuss these issues or any other questions.
Property Division Attorneys Eden Prairie, MN
The property division lawyers ofHennek Klaenhammer Law, PLLC have years of experience with all types of divorce cases throughout Eden Prairie, MN and the state of Minnesota. When making the decision to divorce, you may be concerned about your home, financial assets, savings and more. Whether you have a large have a large estate, or are in serious debt, protecting your financial interests at the time of divorce is very important.
There are two types of property:
- Marital property – property acquired during marriage (homes, vehicles, retirement interest, investment accounts, business interests, etc.). The law requires that the marital property be divided “equitably”. In most cases, this is interpreted as “equally”, or close thereto.
- Non-marital property – property acquired before the marriage, given as a gift or inheritance to only one party, personal injury awards, items excluded from pre-nuptial agreement. If you can prove that property is nonmarital, it is not included in the divorce estate, and is not divided (unless it can be shown that a hardship would result by not dividing the property – but this is an extremely rare exception).
Our attorneys have years of experience with the division of complex marital assets. We will take a comprehensive approach to ensure all of your assets are accurately and fairly assessed and valued. We will take the time to identify your concerns and devise an appropriate strategy to protect your assets.
Please call Hennek Klaenhammer Law, PLLC today at 651-633-4400 to discuss these issues or any other questions.
Spousal Maintenance Eden Prairie, MN
Hennek Klaenhammer Law, PLLC provides legal representative to those wishing to pursue spousal maintenance in divorce cases throughout the Eden Prairie, MN area. Spousal maintenance (formerly called “Alimony” refers to the financial support provided to a spouse after the marriage is dissolved, or the Decree of Legal Separation is entered. If you are not working or earning as much as your spouse, you may be able to collect spousal support. If you are the main provider, you may need to take action to prevent unrealistic spousal maintenance obligations.
Spousal maintenance is intended to allow the lower income spouse to maintain the level of comfort they have become accustomed to throughout the marriage. This can also help them stay afloat while they finish a degree or look for new employment in order to support themselves on their own income.
There are no guidelines for spousal maintenance as there are for child support. No two cases are the same, and effective representation on this issue is sometimes said to be “more art than science”. Having an attorney with extensive experience in spousal maintenance cases is of vital importance.
The factors on which the law requires analysis include:
- Whether a party is in need of spousal maintenance (i.e., the party’s reasonable monthly living expenses exceed the party’s income)
- Whether the other party has the ability to pay spousal maintenance
- The financial resources of the party seeking maintenance, including property apportioned to the party in the divorce
- The earning capacity of the party seeking maintenance
- The time necessary for the party seeking maintenance to find appropriate employment, or acquire necessary education or training
- The standard of living established during the marriage
- The duration of the marriage, and whether a party was a stay at home parent or homemaker
- Loss of earnings, retirement, etc
- The ages and physical and emotional conditions of the parties
We can assist you throughout this difficult time and take some of the confusion out of this process. Our goal is to keep our clients informed throughout the entirety of your divorce proceedings even after the trial.
Please call Hennek Klaenhammer Law, PLLC today at 651-633-4400 to discuss these issues or any other questions.