FAMILY LAW

Growing your family is an exciting time, but the process can be stressful and complex. We can help guide you through the process and help you understand what to expect. At Blethen Berens, we are experienced with adoption, and we also cultivate relationships with government agencies, social workers and medical professionals so that we can work together as team to better the life of a child.

An antenuptial agreement (commonly referred to as a prenuptial or “prenup” agreement) in Minnesota is a written agreement between two parties that is signed prior to their marriage that can help determine each party’s rights in the event death, legal separation, or divorce. The law provides basic, generic rights, obligations, and considerations, but an antenuptial agreement allows you to write your own law that’s tailored to your family. These agreements are common when one or both parties have significant assets or anticipate a large inheritance, like in the case of a family farm passed down through generations. An antenuptial agreement allows a family to grow with a common understanding of how wealth is being created and allocated to each party in the relationship.

The family law attorneys at Blethen Berens have decades of combined experience helping families. We can assist in identifying options so you can decide whether a Prenup or Postnup is right for your family.

If you are considering an antenuptial agreement, please contact one of our family law attorneys well in advance of your anticipated wedding date. We generally recommend that we be consulted at least six months prior to the wedding date. While agreements can be prepared more quickly than that, allowing ample time for the preparation of the agreement helps assure all parties are satisfied and the agreement is valid.

Child support under Minnesota law includes three main areas: basic support, medical support and child care support. Who pays the support and how much is paid depends on various factors. Sometimes the calculation is straight-forward and other times, especially in the case of self-employed individuals such as farmers, the calculation is more complex. If you would like to pursue or modify child support, our attorneys are available to talk to you about your options and potential scenarios. If you recently received paperwork stating that you will be owing child support or the amount you have been paying or receiving will change, we can review the information in those documents with you to help you decide how to respond.

We can also advise parties on non-traditional child support situations. In certain circumstances, if the parties agree, they can structure their child support arrangement in a way that best fits their family. This could mean paying more or less than the presumptive amount under Minnesota law or agreeing to share in additional expenses such as activity fees, cell phone costs or graduation pictures.

Collaborative Law is a an alternative approach to divorce outside of traditional litigation. It relies on a team of professionals, including child specialists, financial neutrals, divorce coaches, and attorneys, to help families work through a divorce. The parties and all professionals commit to:

• Negotiating a resolution that’s acceptable to both parents without courts deciding issues

• Maintaining open communication and information sharing

• Creating solutions that acknowledge the highest priorities of the family

Collaborative Law acknowledges and embraces changing families and provides resources to help them thrive. Families are the foundation of society regardless of whether kids live in one house or two, and all families should be honored and respected.

To learn more about Collaborative Practice and how it can help you, please refer to the Collaborative Practice brochure provided by the International Academy of Collaborative Professionals .

The process to establish parenting rights between unmarried parents is called a custody proceeding. The goal of a custody proceeding is to come up with an arrangement that is in the best interests of a child. Will the child primarily reside with one parent or both parents? Are both parents willing and able to work together to make major decisions related to the child? What will the parenting time arrangement (how much time the children spend with each parent) look like?

The attorneys at Blethen Berens take the time to learn about each client and strive to come up with solutions that fit each family’s unique situation. We have experience using various alternative dispute resolution processes, when appropriate, to help the parents decide what is in their child’s best interests. We also have the knowledge and experience to help you identify and get ahead of potential future issues. If a mutual agreement is not possible, we have the skills necessary to be a strong advocate in the courtroom for what you believe is in your child’s best interests.

Dissolution is the legal term for divorce. Our attorneys are experienced in all types of dissolutions; short-term marriages, those with or without minor children, cases with complicated non-marital claims, spousal maintenance cases, and marriages of high net-worth or complex financial situations, including farm divorces.

Our attorneys have a resolution mindset. The best resolutions are possible when people fully understand their options and can make informed, strategic decisions to best serve their families. Our goal is to make the process as efficient as possible. Sometimes a resolution comes by writing up an agreement parties reach on their own. Other times a process like mediation or early neutral evaluation is necessary. Sometimes it’s necessary to take the matter to trial. Regardless of the journey, our attorneys will be with you every step of the way providing advice and guidance.

A divorce decree does not always end the need to have an attorney. We also advise clients in matters that arise after the divorce process. This includes adjusting parenting time schedules, modifying child support, enforcing the terms of a divorce decree, or modifying maintenance.

Alternative dispute resolution is an important tool in the resolution of family law cases. Our attorneys are experienced in representing clients in all many different forms of alternative dispute resolution.

Blethen Berens also has Qualified Rule 114 Civil and Family Law Mediators to assist with your family law mediation and alternative dispute resolution needs. Please see our mediation page for information on attorneys who provide ADR services.

Third party custody is when someone other than a biological parent is raising a child. It may be a grandparent, aunt, uncle, sibling, or someone not related to the child. In some circumstances grandparents can be granted visitation rights with children.

These areas of the law are unique and complex. The experienced family law attorneys at Blethen Berens can help you understand your rights and identify options.