Family Law

If you are considering divorce, this can be a scary and emotional time. Often individuals are uncertain what will happen if they proceed with a divorce, and need help to understand their options. Minnesota is a no-fault state, which means that either person can request the Court to end a marriage without providing a reason for doing so. In some circumstances a legal separation may be the best course of action. Our experienced family attorneys are ready to listen to your concerns and can help you with all issues of marriage dissolution including Legal Separation, Child Support, Child Custody, Alimony, Parenting Time, Division of Real Property, Division of Assets, and Small Business Valuation and Division.

One of the most critical aspects of divorce involving families with children is where the children will live and how much time they will spend with each parent.  In determining the type of custody and parenting time, it is often difficult to establish a schedule that meets the needs of each parent and serves the best interests of the children.  In some cases, custody decisions can be decided through mediation. In difficult cases, Court involvement is required. Our attorneys are familiar with the Minnesota Best Interest Standard and will empower you to pursue the solution that is best for you and your family. We can also assist with other legal aspects of custody such as establishing paternity.

Under current Minnesota law, child support guidelines are based on the gross income of both parents, as well as the parenting time established. We understand that child support obligations have huge implications for both parents, and we can help ensure that your financial obligations will be calculated appropriately. As circumstances in your life change, they may require modifications to your child support arrangement, so an ongoing relationship with your attorney is key. When a parent fails to make timely child support payments, CC&S can step in and file enforcement actions.

When married, partners often combine incomes to support their household. If incomes differ substantially, one spouse may be considered the “supporting spouse” and the other spouse is considered the “dependent spouse.” After a divorce, the supporting spouse may pay spousal maintenance, commonly referred to as alimony, to support the dependent spouse on either a temporary or permanent basis. An award of alimony may also include transfer of title or possession of personal or real property. The attorneys at CC&S are experienced in determining and settling alimony payments, and can provide realistic advice on spousal maintenance.

In almost every dissolution it is necessary for the parties to face the difficult task of dividing the property they shared and collected during the marriage. In Minnesota the Court divides marital property equitably based on a number of factors such as the relative earning contributions and earning potential of each spouse. The division of property can become complex when parties argue over the value of the property and whether the property is “marital” or “non-marital”. We will work with you to take a creative and realistic approach to the division of your personal property, real estate and assets.

Your safety is a priority. If you are in relationship where physical, emotional or sexual abuse has occurred, you can ask the Court for help and protection. An Order for Protection orders your abuser to refrain from further acts of abuse or violence towards you or your children. It can also prevent your abuser from entering your home or workplace, and protect your children by restricting parenting time or providing temporary custody. Please contact us to learn more about obtaining an Order for Protection. If, at any time, you fear for your immediate safety or the safety of your children, call 911.