Legal Question in Family Law in Minnesota

Re: Process for separation/divorce

Those are all good questions. The short answer is find an attorney who is competent in family law and make an appointment for a consultation. That at least would be a starting point.

Another option you might try looking into is calling the domestic abuse office for the county in which she resides. You did not describe anything which was physically abusive, but with an alcoholic there is a good chance that there would be something.

The domestic abuse people could help her get an order for protection. It costs nothing. A lawyer is optional. The order is good for a year, would get him out of the house and could also give her custody and child support for the children.

The order for protection would give her some breathing room to figure out what she wants to do next.

I don't know what county she is in either, you didn't say. If it's Hennepin, the domestic abuse office number is 612-348-5073.

Good luck.

This response is for information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

Re: Process for separation/divorce

The first thing is to meet with an attorney who can provide answers to questions and plan a course of action to move forward in a safe and practical manner. We offer free initial consultations. If you would like to stop in and meet with me for an hour at no charge, please call me at 952-746-4111. There is no obligation to retain my services. I will provide you that information, including the potential cost of representation, during our meeting.

Re: Process for separation/divorce

If the situation is abusive and your daughter has an imminent fear of physical harm, she may apply for an Order for Protection. This is a restraining order which will have her spouse removed from the home within a day and have a hearing scheduled within 7 days. She may have the Order for Protection Petition completed in the domestic abuse office at the Courthouse or by a battered woman's shelter. We include a list of the Minnesota shelters on our web site at http://www.divorceprofessionals.com

If it is not an urgent situation, she may file for a divorce and schedule what is called a temporary hearing. At that hearing the court will determine issues related to temoprary custody, visitation, child support, occupancy of the homestead, payment of debts. For a consultation call 952.831.5000.