Legal Question in Criminal Law in Minnesota

My husband and I have been married for nearly 10 years. I have a teen age child, under the age of 18. My husband as raised my child since my child was little and they have a good father-child relationship.

Now, my husband and I are in a very messy situation where he was arrested for beating me (5th degree domestic assault charges) after I called 9-1-1 for help. He is out of jail now, and the next Court hearing is set for 4 weeks from now.

Meanwhile, I am unemployed and my husband still has his job. But a no contact order is in place and so we are unable to communicate at all about anything.

I love my husband very very much and I know that he has anger and physical abusive tendencies, as he has our entire marriage.

I need to know what legal rights, our son has in this situation, as well as what legal rights I have as well. He has opened new banking accounts, locked me out of them, failed to pay household bills, etc...

I fear that my husband is wanting to divorce me, as he has been divorced multiple times before he met me. He tends to run away/ throw it all away when the " Going gets tough"!

In the meanwhile, my husband suffers with sexual addiction and pathological lying on top of the anger and hostility issues.

What can I do to help me and my child out? I feel helpless and alone and as if there is no real help for my child, myself or my family.


Asked on 9/29/09, 9:17 am

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Thank you for the post.

First, your spouse may seek visitation with your son based on the third party visitation statutes in Minnesota. Since he is not the child's father and never adopted the child, he would have no obligation for child support.

Second, any financial issues related to debt or asset division must be determined by a court in a legal separation or divorce proceeding. Without an ongoing court action, there is no remedy.

For a consultation call 612.240.8005 or visit divorceprofessionals.com

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Answered on 10/05/09, 12:54 pm


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