Divorce Lawyer Ham Lake, MN
Steve Hennek and Leigh Klaenhammer focus on providing an informative and comfortable law office. We handle a variety of family law cases throughout the Ham Lake, MN area. Our Minnesota divorce attorneys understand that the decision to divorce is followed by several equally difficult decisions involving children, property, and finances. When you and your family face divorce, our experienced divorce attorneys are here to help you make informed decisions, reach acceptable agreements, and move forward.
Our divorce law services include experienced representation in all facets of divorce, including:
- Divorce – contested and uncontested
- Annulments
- Child custody
- Property Division
- Parenting time (visitation)
- Orders for protection
- Spousal Maintenance
- Child support
- Post-decree disputes
- Appeals
Our team can help you chart the best course for your situation. Most cases are resolved through alternative dispute resolution avenues, such as mediation or early neutral evaluation. However, litigation is at times necessary, and therefore planning for that potential necessity needs to occur throughout the process.
Please call Hennek Klaenhammer Law, PLLC today at 651-633-4400 to discuss these issues or any other questions.
Uncontested Divorce Ham Lake, MN
The divorce attorneys at Hennek Klaenhammer Law, PLLC handle uncontested divorces for clients throughout the Ham Lake, MN area. In some cases, parties are able to amicably reach global settlement terms on their own. One of the parties then retains us to draft the agreement and necessary pleadings, and process the case through the court system. It is important to understand that an attorney can only represent one party, as it is unethical and violates the rules of professional conduct for an attorney to represent both parties. The main benefits of an uncontested divorce are: it takes far less time than a contested case; it allows the parties to have control and ownership of the terms of the divorce; it is less costly; and often times allows the parties to move forward with mutual respect.
Uncontested divorces indicate that both parties agree on all issues:
Both parties must read and sign the agreement, and it is then submitted to the Court for approval. Uncontested divorces do not require a trial and, in cases without children, you will not have to appear in court at any time for the divorce. If children are involved, and only one party has an attorney, the court does require a brief default hearing, which is generally a quick, stress free experience. Though the terms may be friendly and easier than a contested divorce, it is nonetheless very important that all of the issues are properly addressed and that the settlement agreement is carefully drafted. Our firm is here to serve you.
Please call Hennek Klaenhammer Law, PLLC today at 651-633-4400 to discuss these issues or any other questions.
Visitation Rights Ham Lake, MN
The family law attorneys at Hennek Klaenhammer Law, PLLC serving Ham Lake, MN provide visitation rights representation to clients throughout the Twin Cities area. Visitation is also referred to as parenting time.
Parenting time includes:
- A regular weekly schedule, including weekend overnights and time during the week
- The “Right of Refusal” – allows you to see your child if the other parent is unavailable during their allotted parenting time
- Vacation time
- Holidays
- School breaks
Visitation rights allow a routine to develop and give your children a sense of security through all the uncertainty. More importantly, these rights ensure that the child will have meaningful time and a significant relationship with both of his parents. Child support and visitation are two very different things. You can still see your child even if your child support payments are not up-to-date. Your spouse cannot forbid you your visitation rights because of this either.
Life is constantly changing, and visitation does not have to be a permanent schedule. You can make modifications to your visitation schedule if you move, change jobs, and as your child grows and matures. We can assist you with all the various aspects of visitation.
Please call Hennek Klaenhammer Law, PLLC today at 651-633-4400 to discuss these issues or any other questions.
Child Custody Ham Lake, MN
Hennek Klaenhammer Law, PLLC., serving Ham Lake, MN provide experienced legal representation in child custody cases. There is nothing more difficult for a child than to see their parents get divorced. When a divorce case involves a child, the custody situation can vary depending on the relationship between the parents and how each is approaching the divorce. In the best case scenario custody is agreed upon by both parties in order to do what is best for the child. However, this is not always the case, and in many cases, this is one of the most disputed issues. A judge can award either sole or joint custody depending on what appears to be the best situation for the child.
There are two types of custody:
- “Physical Custody” is the right to decide your child’s daily routine, where they live, etc.
- “Joint legal custody” – both parents share those responsibilities
- “Joint physical custody” means that the routine daily care and control and the residence of the child is structured between both of the parents.
- “Legal custody” or the right to make health care, education and religious decisions for your child
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.