Legal Question in Family Law in Minnesota

I am currently 8 1/2 months pregnant with a 4 year old son at home. My husband left us two weeks ago and moved in with the woman he'd been having an affair with that same night. Has he given up any rights when he walked out the door, or what exactly are his rights at this time? I'm not sure what the next step to take is as far as my children and financial aspects. Any advice?


Asked on 12/21/10, 8:19 am

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

He has not given up any rights and he has the same rights as youwith regard to ownership of property and the right to custody and/or parenting time. If a divorce is filed, a court makes custody determinations based on what it believes are in the child's best interests. At this point, filing for divorce would seem to be a prudent idea. As part of that process, you can seek temporary relief where the court will determine who has occupancy of the homestead, who pays what bills, and temporary parenting schedules while the divorce is pending.

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Answered on 12/27/10, 5:28 pm


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