The period after divorce is rough on the entire family for many reasons. This is a time of complete change in most aspects of life, including residential changes, scheduling considerations and budgetary adjustments. In spite of these concerns, parents cannot afford to make major errors involving the children as they develop new routines.
The following vivid (although fictional) account demonstrates the pain and helplessness that far too many mothers and fathers in Minnesota experience as they try to reclaim their lives.
Whether couples negotiate the terms of their own divorce or even when every term is dictated by a judge, a great deal of planning and forethought goes into every decision -- particularly the terms pertaining to the children. Still, life after the final divorce decree does not remain stagnant, and the terms often need to change over time. Known as post-decree motions, these requests require judicial intervention and they can take time.
Minnesota law automatically assumes that children born out of marriage are the husband's biological children with full paternal rights. Outside of marriage, when both parents agree to a man's biological paternity, they can avoid the need for genetic testing by signing a Minnesota Voluntary Recognition of Parentage Form. While this process affords fathers with certain rights, when it comes to child custody and other parenting rights, they may need to seek help from experienced attorneys.
Minnesota provides for only “no-fault” divorces, which means that no one technically takes the blame for the break up of the marriage. Instead, the state bases divorces on irreconcilable differences between the spouses. However, the state does consider “fault” when looking at property division.
Most of the time, life within a family is a positive, united experience. Still, as with many aspects of life, some or all family members need to undergo some type of legal process at one point or another. This does not mean that every situation requires a team of Minneapolis family lawyers. There are definitely times when one skilled lawyer can help get a process completed efficiently.