Legal Question in Family Law in Minnesota

Re: divorce

A divorce can be obtained without both parties' consent. Unwillingness to permit a child to have contact with the other parent is a factor that courts can consider when deciding custody, but it is only one among a dozen others. Financial abilities are generally not given much, if any, weight. Courts reason that a custodial parent's lack of finances can often be compensated for by an award of child support. These are generalities, of course. Other factors, such as mental and physical health, closeness of bond, who has been the primary caretaker, etc. can affect the custody determination. Each case really turns on its own facts.

Re: divorce

Minnesota is a 'no fault' divorce state. This means that if one party wants to get a divorce, the judge will grant the divorce. If there is an opposing party who refuses to cooperate by picking up the Summons and Petition, the 'petitioning party" (in that case, that would be you), could have her served by a law enforcement officer or a private 'process server."

Your questions about custody are harder to answer. Determining custody depends upon the facts of the case. If you are considering a divorce and you have kids, you need to obtain an attorney. Most attorneys, myself included, will offer a half hour of legal advice at no charge.

I hope this information is helpful.

Herbert C. Kroon

Attorney at Law

Chesley, Kroon, Chambers, Harvey & Carpenter [email protected]