Dissolution/Divorce

When a party to a legal action such as dissolution or paternity, etc., receives a Court order/decision that they believe is wrong, based on errors of either fact or law they can appeal the order to (typically) the Minnesota Court of Appeals. Appeals in family law matters are not common, due in part to the expense involved. The process is very complicated. Under Minnesota law, there are specific time requirements for filing and responding to an appeal. Appeals from family court orders, judgments and decrees are usually filed with the Minnesota Court of Appeals or, under certain circumstances the Minnesota Supreme Court. In deciding whether to file an appeal “time is of the essence.” Gray Law has represented clients in more than 35 cases appealed to the Minnesota Court of Appeals.

 Once your initial dissolution case, paternity case, etc., is finished either parent can, from time to time bring a “post-decree” motion to modify the initial Court Order or Decree. The most common motions involve requests to modify custody, parenting time and child support. The standards for making changes to the initial Order or Decree vary. There may also be time limits for bringing such matters back to Court.

Under Minnesota law an individual (called the “Petitioner”) can obtain a court order for protection of self or others against another individual (called the “Respondent”)  if they have been a victim of “domestic abuse” as defined by the law. The “Order for Protection” can require the Respondent to stay away from the Petitioner (and others), establish custody and parenting time (unsupervised and supervised) and child child support.  In emergency situations, the court will issue an immediate order for protection and conduct a hearing at a later time.

 Paternity cases typically involve either parent of a child born outside of a marriage relationship bringing a legal action to:
1. Establish the parent/child relationship with the other parent
2. Obtain court-ordered custody rights, parenting time rights
3. Obtain court-ordered child support. In cases where the parents signed a Recognition of Parentage, a parent would only need to bring a legal action.
          Establishing parentage is necessary before custody, visitation, or child support will be ordered by the court.  After a person is recognized by a court as the parent of a child, he or she will have all the rights and responsibilities of a parent.

Regardless of the size of your estate, having a Will ensures that your loved ones and estate will be taken care of. Having a Will helps you choose who will care for your children in the event you are not able, who will manage your finances, and what will happen with your property upon your death. It allows you to have your estate distributed according to your specific wishes. Having a Will in place ensures that your family will not have to guess as to your wishes as to the division of your property, and the care of your children.

 Most, though not all Wills need to be probated. The probate process begins when a copy of the death certificate along with the Will and a Petition are filed with the probate court.The process ends when a “Final Accounting” has been approved by a Judge, and a final “Order” determining the distribution of assets and payment of debts is signed. Probate matters can be a time-consuming, stressful and costly experience if challenges to the Will are made and/or a Will was poorly drafted in the first place.  And as estates grow larger, they often expand in complexity. It is important and that you speak with an attorney and go over your options before the responsibility is passed on.