Minnesota Family Law Resources

Minnesota uses the term "parenting time" instead of visitation. The state prioritizes the best interests of the child and considers 13 specific factors when determining custody arrangements. **Types of Custody in Minnesota:** - **Legal Custody**: Decision-making authority for major life decisions - **Physical Custody**: Where the child lives day-to-day - **Joint Custody**: Shared between both parents - **Sole Custody**: One parent has primary authority **Key Factors Courts Consider:** 1. Child's physical, emotional, and developmental needs 2. Each parent's ability to provide care 3. Child's adjustment to home, school, and community 4. The mental and physical health of all parties 5. History of domestic violence or abuse 6. The child's preference (if of sufficient age)

Minnesota uses an income shares model to calculate child support, considering both parents' incomes and the amount of parenting time each has. **Basic Calculation Factors:** - Combined parental income - Number of children - Parenting time percentage - Healthcare and childcare costs - Other child support obligations **Minnesota Child Support Calculator:** Visit the Minnesota Department of Human Services website to use the official calculator. **Modification:** Child support can be modified if there's a substantial change in circumstances, such as a 20% or more change in income.

**Residency Requirements:** At least one spouse must have lived in Minnesota for at least 180 days before filing. **Filing Steps:** 1. Complete the Petition for Dissolution of Marriage 2. File with the district court in your county 3. Pay the filing fee (or request a fee waiver) 4. Serve your spouse with the papers 5. Wait for response (30 days if served in Minnesota) 6. Complete required disclosures 7. Attend mediation if required 8. Finalize decree **Waiting Period:** There is no mandatory waiting period in Minnesota, but contested cases typically take 6-12 months.

**Minnesota District Courts:** Family law cases are handled in the district court for your county. Minnesota has 87 counties across 10 judicial districts. **Key Court Resources:** - Minnesota Judicial Branch: mncourts.gov - Self-help center locations in most courthouses - Court interpreters available upon request **What to Bring:** - Photo ID - All filed documents - Financial documents if relevant - Proposed parenting plans or agreements

**Standard Filing Fees:** - Petition for Dissolution: $365-$425 (varies by county) - Response to Petition: $290-$350 - Motion filings: $50-$100 **Fee Waivers:** If you cannot afford filing fees, you may request a fee waiver (IFP - In Forma Pauperis) by completing the appropriate forms and demonstrating financial need. **Typical Attorney Costs:** - Hourly rates: $200-$500+ depending on experience and location - Uncontested divorce: $1,500-$3,500 - Contested divorce: $5,000-$50,000+

**Legal Aid Organizations:** **Legal Aid Service of Northeastern Minnesota** - Phone: (218) 623-8100 - Serves 11 counties in northeastern MN **Southern Minnesota Regional Legal Services** - Phone: (651) 222-4731 - Serves 33 counties in southern MN **Mid-Minnesota Legal Aid** - Phone: (612) 332-1441 - Serves 20 counties in central MN **Other Resources:** - Volunteer Lawyers Network: vlnmn.org - LawHelpMN.org: Comprehensive legal information - Minnesota State Law Library: Self-help resources

**Response Deadlines:** - 30 days to respond if served in Minnesota - 60 days if served outside Minnesota **Appeal Deadlines:** - 60 days from entry of judgment to file an appeal **Modification Requests:** - Can be filed anytime after final decree if substantial change in circumstances **Custody Evaluation:** - Must be completed within timeframes set by the court **Important Notes:** Missing deadlines can result in default judgments or loss of rights. Always calendar important dates and set reminders.

**Unique Aspects of Minnesota Family Law:** **Parenting Time Expeditor:** Minnesota allows appointment of a parenting time expeditor to resolve disputes without returning to court. **Custody Evaluation Process:** The court may order a custody evaluation by a neutral third party. These are taken very seriously. **Alternative Dispute Resolution:** Many counties require mediation or early neutral evaluation before trial. **Guardian ad Litem:** A GAL may be appointed to represent the child's best interests. **Cohabitation Rules:** Living with a new partner doesn't automatically affect spousal maintenance in Minnesota, but may be considered.