Vander Sanden & Crow, LLC
111 3rd Avenue South, Suite 110, Minneapolis, MN 55401
Phone: 612-332-9555 Fax: 612-370-0375
Family Law
At Vander Sanden & Crow, LLC we understand that going through a divorce can be a very complex and trying time for a family. We understand the emotional strain that a divorce can take and work with our clients to lessen the stress and make the process as painless as possible.
Marital Termination / Divorce
A marital termination or divorce is a legal proceeding to terminate a marital relationship. This differs from an annulment in that when a court grants an annulment it is making the marriage void, or saying it never existed. A marital termination recognizes that the marriage did exist, but now it is terminated.
Child Custody / Support
In Minnesota, the terms spousal support and maintenance refer to the money and support one spouse pays to another spouse after their marital termination. The purpose of this support is to help a spouse become financially self-sufficient after a divorce. This is often a major factor in a marriage of long duration, although can be equally challenging in a shorter marriage. Spousal maintenance is usually subject to modification and is often granted on a temporary basis. Even if you have been divorced for a number of years, Vander Sanden & Crow, LLC can help you modify your current spousal support situation, or help you evaluate how a change in your living situation might affect your spousal maintenance. Vander Sanden & Crow, LLC is a law firm that can help you sort out the best options for you during what is usually a very difficult time in your life.
Spousal Support / Modification
When children are involved in a divorce proceeding, their welfare is of the utmost importance. Vander Sanden & Crow, LLC understands the importance of finding the best arrangement for you and your children. Child custody and support can be the most contention part of a marital termination. When determining how custody of a child should be determined, the Minnesota courts use a balancing test that considers many factors to determine the best interest of the child. That test is codified here:
518.17 Custody and support of children on judgment.
Subdivision 1. The best interests of the child. (a) "The best interests of the child" means all relevant factors to be considered and evaluated by the court, including:
- the wishes of the child's parent or parents as to custody
- the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference
- the child's primary caretaker
- the intimacy of the relationship between each parent and the child
- the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests
- the child's adjustment to home, school, and community
- the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
- the permanence, as a family unit, of the existing or proposed custodial home
- the mental and physical health of all individuals involved; except that a disability of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child
- the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any
- the child's cultural background
- the effect on the child of the actions of an abuser, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent
- except in cases in which a finding of domestic abuse has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child. The court may not use one factor to the exclusion of all others. The primary caretaker factor may not be used as a presumption in determining the best interests of the child. The court must make detailed findings on each of the factors and explain how the factors led to its conclusions and to the determination of the best interests of the child.
Of course, as a parent, many others factors are considered when determining how to proceed with child custody and support. Some of those factors may be how much child support you could receive, how visitation might be scheduled, and what tax implications will different arrangements have for me or my ex-spouse. We will discuss all of these factors and any other concerns you may have in an effort to help you make the best decision for your children, and yourself.
Prenuptial / Postnuptial Agreements
- A prenuptial agreement is a contract that is entered into between two people who are contemplating marriage. It is signed prior to the two individuals get married.
- A postnuptial agreement is a contract between spouses. It is similar to a prenuptial agreement except it is signed during marriage. A postnuptial is entered into in contemplation of an ongoing, viable marriage.
Although these agreements may seem unconventional, they can be an essential piece in building an equitable relationship before and after marriage. Discussing the issues that are a part of a prenuptial or postnuptial agreement opens up a line of communication between two people and forces discussion of issues that are often overlooked or avoided when planning a wedding. Some of the issues outlined in an agreement of this kind are your assets and debts, along with future earnings and debt. The current financial status of your relationship and each individual’s spending habits, debt and financial responsibilities. Finally, an agreement of this kind of should include an honest conversation about expectations of property division, and asset distribution after a death or divorce.
Vander Sanden & Crow, LLC can aid you in building a strong and solid marriage by helping you and your spouse discuss these issues and come to some agreement about the most important parts of a marriage partnership.
Orders for Protection
An Order For Protection (OFP) is a court order that will help to protect you from domestic abuse. An Order For Protection tells the abuser to stop harming or threatening you. Domestic abuse is defined as any of the following conduct between family or household members: physical harm, injury, assault, rape, terrorist threats, or making a person fearful of harm or injury or assault. Examples include hitting, kicking, pushing, punching, slapping, pulling hair, choking, holding you down, threatening to harm or kill you or the children, forcing sex (even if you are married), or any sexual contact with a child.
Vander Sanden & Crow, LLC can help you obtain an order for protection. We have experience representing both women and men in abusive situations, and want to help you free yourself from the abuser in your life.
For more information about any of the issues listed above, please see the following resources:
No information you obtain from this web site is legal advice, nor is it intended to be. You should consult an attorney for individualized advice regarding your own situation. No attorney-client relationship is formed by viewing this web site.