We serve clients throughout Minnesota with various levels of assistance from complete representation to case consultation or document review. We present all options and approaches available including mediation, collaborative divorce, and litigation. The experience of our firm and the range of our services gives you the options that will best address your legal matter, in the context of your individual situation.

The experience of our attorneys throughout the courts in central Minnesota counties and beyond affords a knowledge base and reputation that is essential when considering legal proceedings that may require court intervention. Just as important is our ability to help individuals and families resolve issues outside of the court system, through negotiation and other approaches to settle disputes.

When a divorcing couple does not agree on how to handle issues related to children, support, property, or other financials, they may need to litigate their dissolution through Court proceedings. Our attorneys work hard to reach agreements so that the Court is not left to decide what works best for you and your family. When the Court is left to decide, our attorneys are experienced litigators who can represent you through trial if necessary.

Nuptial agreements are not an indication that either spouse believes that their marriage will fail. However, it is impossible to predict the future, so some may want to have a plan in case the marriage does fail at any point. No one gets married with the intention of ever getting divorced, so for most, a nuptial agreement is simply a safeguard that most couples never have to use.

There are several reasons why a couple may wish to establish a prenuptial (before marriage) or postnuptial (after marriage) agreement including:

Defining the respective rights of the parties in the case that they divorce

Defining how both parties will handle income during the marriage

Clarify how both parties will define marital and non-marital assets that are acquired during the marriage

Clarify how debts are paid during the marriage and how those debts will be characterized

Determine the rights of each spouse in the case one passes away. (Minnesota law states that one spouse may not deprive the other of their marital share in a will, but a spouse may waive their marital share within a prenuptial agreement.)

As you can see, a prenuptial or postnuptial agreement isn’t just a safeguard against the dissolution of a marriage. It is a tool used to plan for the future.

When a prenuptial agreement is properly created, Minnesota courts can enforce them. However, a nuptial agreement can only be enforceable if they adhere to certain criterion, which can be reviewed during the initial consultation.

With an enforceable nuptial agreement in place, many conflicts can be avoided. Our attorneys will help you draft a nuptial agreement that works for your situation and so that you can have peace of mind and security into the future.

Child support may be ordered by the court in custody, parenting time, and paternity matters involving minor children. Child support is intended to assist the parents with the basic living expenses, work-related childcare, and medical expenses of the children.

In Minnesota, Child Support is determined by a formula calculated by Minnesota Child Support Guidelines. The formula considers several factors when determining the amount of child support, including the number of children, gross incomes of each parent, childcare and health care costs and the regular overnight parenting time schedule for the parents. Based upon the circumstances of each family, a court can order a deviation from the formulated child support amount.

CHILD SUPPORT MODIFICATION

Child support can be modified when the existing obligation becomes unreasonable or unfair, according to Minnesota Statute § 518A.39 subd. 2(a). During the initial consultation, our attorneys will explain the factors for demonstrating how the current support obligation is unreasonable or unfair. This information will help you decide whether or not you want to move forward.

Our firm is experienced in both enforcement of court-ordered child support and modifications of child support when employment earnings, or other financial or childcare factors, of one parent has changed.

Under Minnesota law, there are two types of child custody:

“Legal custody” refers to the right to make decisions about how to raise the child, including decisions about education, health care, and religious training.

“Physical custody” refers to the right to make decisions about the routine day-to-day activities of the child and where the child lives.

Depending on several factors, parents may share custody which is called “joint custody.” If only one parent has full custody, that is called “sole custody.”

“Joint legal custody” means that both parents share the responsibility for making decisions regarding how to raise the child, including the right to participate in major decisions about the child’s education, health care, and religious training. “Joint physical custody” means that the routine daily care and control and the residence of the child is structured between both parents.

There is also the possibility of different combinations of custody of a minor child. For example, both parents might have joint legal custody but only one parent may have sole physical custody.

When considering a petition for custody, Minnesota courts consider what is in the best interest of the child(ren). These best interest factors are established in Minnesota Statute 518.17 and are available to review here.

If you live in Minnesota but your child lives with the other parent in another state, your case may be more complicated. We recommend that you consult with a lawyer experienced in custody matters about where you may be able to file your custody case or modify an existing custody order.

When parents are separated, the court usually wants both parents to be involved in the child or children’s lives if doing so is in the best interest of the child or children. The parent who does not have custody of the children usually gets parenting time. Parenting time is ordered by the court so that the child and the parents have the opportunity to maintain a relationship. Factors influencing parenting time orders include, but are not limited: child’s age, child’s safety, and the child’s past relationship with the parents.

Parents can agree to change parenting time but, if the parents don’t agree, a parent can petition the court to change parenting time if it is best for the child.

Our attorneys have experience handing the division of property ranging from low monetary value to high value assets. Property or assets that are important to you may not be important to someone else in similar circumstances. Our attorneys can help settle property disputes, the division of assets, and address non-marital assets or property.

Our family law attorneys are experienced in representing parents who are seeking permission to relocate or defend against an attempt to relocate by the other parent; often through a court proceeding or out-of-court negotiations.

The most important consideration outside of the legal parameters, is the wellbeing of the child(ren) and their ability to maintain a relationship with each parent, as dictated by the custody order.

Beyond this primary concern, there are multiple factors that courts consider in relocation proceedings which need to be in the best interest of the child(ren):

The nature, quality, extent of involvement, and duration of the child’s relationship with the person proposing to relocate and with the non-relocating person, siblings, and other significant persons in the child’s life;

Who has been the child’s primary caregiver;

The age, developmental stage, needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration special needs of the child;

The feasibility of preserving the relationship between the non-relocating person and the child through suitable parenting time arrangements, considering the logistics and financial circumstances of the parties;

The child’s preference, taking into consideration the age and maturity of the child;

Whether there is an established pattern of conduct of the person seeking the relocation either to promote or thwart the relationship of the child and the non-relocating person;

Whether the relocation of the child will enhance the general quality of the life for both the custodial parent seeking the relocation and the child including, but not limited to, financial or emotional benefit or educational opportunity;

The reasons of each person for seeking or opposing the relocation; and

The effect on the safety and welfare of the child, or of the parent requesting to move the child’s residence, of domestic abuse, as defined in section 518B.01.

The burden of proof falls on the parent requesting relocation unless they are the victim of domestic abuse by the other parent.

The court will also consider the reasons a parent wants to move such as employment or family connections.

Spousal maintenance, also referred to as spousal support or alimony, is the financial support one spouse pays to the other. It can be temporary or permanent. In Minnesota, no specific formula determines the amount or duration for which spousal support is paid. However, Minnesota law has determined some factors that a court may consider when determining the appropriate amount and duration, if any, of spousal support in each case. Some of these factors include:

The financial needs of each party

The earning capacity of each party

If the financial need of a party can be overcome, and how long it might take to do so

Whether the potential payor has the means to pay spousal maintenance

Length of the marriage

The quality of life enjoyed by the parties during their marriage

Ages of the parties

Modifying spousal support is no easy feat, however, there are several reasons why this type of action may be possible, some of which include change of income, health, or relationships. Other factors impacting the ability to modify spousal support are nuptial agreements or the existence of a Karon waiver with the existing court order. A Karon waiver, a term used in Minnesota divorce law is based upon the legal precedent set in Karon v. Karon, 435 N.W.2d 501 (Minn. 1989) eliminates the possibility of modification if the provision was included in the divorce decree. In a Karon waiver, the parties stipulate that there will be no future modification of spousal maintenance at the time the award is made. It is a waiver of the statutory right to modification of maintenance.

Minnesota has common and statutory laws that allow grandparents the ability to seek visitation and even custody, both of which can be complicated partly because the State sees grandparent visitation as an extension of the parents’ rights. Furthermore, it can be difficult for a grandparent to seek visitation time if the child’s parents object. However, there may be circumstance that allow grandparents to gain visitation, even sometimes custody, due the circumstances of the case. These circumstances typically include:

The grandparent’s child, which is the parent of the child in question, is deceased

The grandparent has been the primary caretaker of the child for at least 12 months and they are now seeking custody.

The court will look at all factors, including what is in the best interest of the child.

Consulting with an attorney with litigation experience will help you determine whether to pursue visitation or custody based on the circumstances and facts of your situation. Baker Vicchiollo Law has represented grandparents and the litigation experience necessary to address complex cases involving grandparents’ rights.

MEDIATION

The Role of The Mediator is to give unbiased. They don’t take one side or the other. They simply listen to the facts, and they are trained to do so. They are not allowed to give any advice, which is why the mediator can’t be the attorney for either party. An attorney can be a mediator, but they cannot have any ties to either party. The mediator will allow the parties to exchange information, talk, and work toward a solution that suits them both.

Your attorney attends the mediation session(s) with you, but this is entirely up to you. Their role is to ensure that your rights are protected throughout the mediation process. Your attorney is an advisor that can provide the guidance to you and to the process during and in between sessions, as well ensure that solutions and agreements comply with Minnesota law.

According to the IACP (International Academy of Collaborative Professionals):

Collaborative Practice is a new way for you to resolve disputes respectfully—without going to court—while working with trained professionals who are important to all areas of your life. The term [Collaborative Practice] incorporates all of the models developed since IACP’s Minnesota lawyer Stu Webb created Collaborative Law ideas in the 1980s. The heart of Collaborative Practice is to offer you and your spouse or partner the support, protection, and guidance of your lawyers without going to court. Additionally, Collaborative Practice allows you the benefit of child and financial specialists, divorce coaches, and other professionals all working together on your team.

In Collaborative Practice, core elements form your contractual commitments, which are to:

Negotiate a mutually acceptable settlement without having courts decide issues

Maintain open communication and information sharing

Create shared solutions acknowledging the highest priorities of all

Nearly 20 years ago, local collaborative professionals, assisted by Stu Webb, created a vision to bring collaborative professionals together and formed the Collaborative Alliance, Inc. in Edina MN. Baker Vicchiollo Law is one of the original tenants of the Collaborative Alliance, Inc., residing within the Collaborative Alliance Executive Suite, since its inception.