Family Law Frequently Asked Questions (FAQs)

Few things are as important as your family. As you are going through a divorce or child custody dispute, you may have many questions about your family's future. Every case is unique, every family is unique, and every person deserves unique answers from our attorneys.

But before you seek a law firm, here are several answers to our most frequently asked family law questions. For more personalized answers to your questions, schedule a consultation at Trenti Law Firm by calling our office in Virginia, Minnesota, at 218-248-6298, or reach out to us online.

How Long Does A Divorce Take?

A simple, uncontested divorce can take as little as a month or two to finalize, if everything is agreed upon and there are few assets to divide. These divorces are hard to come by, however. More complicated, contested divorces may take a year or more. As your lawyers, it's our job to both protect your rights and keep the process moving as quickly as possible, so you can move on with your life.

How Is Property Divided In Minnesota?

All marital property (most assets acquired during the marriage) is divided fairly and equitably, as decided by the judge. This process is called equitable division. Minnesota is a no-fault state, meaning that even if one spouse caused the divorce, this does not play a factor in the division of assets.

What's "fair" may not be necessarily equal. Judges will take into consideration factors such as each spouse's income, their contribution to the household, the child custody arrangement and more when dividing assets in a fair and equitable manner.

Can I Get Sole Custody Of My Children?

Minnesota family courts prefer not to give sole custody to one parent. This is because it can seriously impact your child's growth and development. The goal of the family court system is to make sure the child is impacted as little as possible by the divorce, meaning both parents will continue to play an active role in the child's life. This is of course different in extreme circumstances, such as when one parent is physically abusive or uses drugs. In these cases, sole custody may be awarded.

Can My Child Choose Where They Want To Live?

The child's opinion may have some sway, if the court deems they are old enough to have a relevant perspective in the matter. Their choice will not necessarily determine the custody order, however.

How Is Child Support Decided In Minnesota?

Minnesota has very specific guidelines on child support, primarily calculated based on each parent's income and how much time the child spends with each parent. Certain costs, such as medical or education costs, are then added to this amount.