Affordable & Practical Family Law Services in Minnesota

FREQUENTLY ASKED QUESTIONS (FAQs)

1. What is the difference between legal custody and physical custody in Minnesota?

• Answer: In Minnesota, legal custody covers the right to make major life decisions for a child, including education, healthcare, and religious upbringing. Physical custody refers to routine daily care and where the child primarily lives. Both legal and physical custody can be awarded solely to one parent or jointly between both parents. Our Child Custody page has more detailed information.

2. How is child support calculated under Minnesota law?

• Answer: Minnesota uses the "Income Shares" model, which evaluates both parents' gross monthly incomes, the cost of health/dental coverage, childcare expenses, and the amount of parenting time assigned to each parent. The court uses these factors in the Minnesota Child Support Guidelines calculator to determine each party’s monthly obligation(s). Our Child Support page has more detailed information.

3. What qualifies as a "grey divorce," and how does it differ from a standard divorce?

• Answer: A grey divorce involves couples over age 50 or those nearing retirement. Unlike divorces involving younger couples, grey divorces often focus less on child custody and more on complex asset division, such as pension plans, 401(k) accounts, Social Security considerations, continuing healthcare coverage, and spousal maintenance (alimony).

4. What are the legal grounds for a third-party custody petition in Minnesota?

• Answer: Third-party custody allows non-parents (such as grandparents, stepparents, or relatives) to seek legal or physical custody if the child's legal parents are unable or unfit to care for them.  Generally, there are two types of parties who can petition for third-party custody. These people are referred to as "interested third party" or "de facto custodian" under Minnesota Statute Chapter 257C. De facto custodians, as defined by Minn. Stat. § 257C.01, subd. 2, have been the child(ren)’s primary caretaker within the preceding 24 months and there has been a demonstrated consistent lack of participation by the parent for an extended period. Interested third parties are those who do not meet the definition of a de facto custodian but meets other statutory criteria as set forth in Minn. Stat. § 257C.03, subd. 7.

5. How long does an uncontested or default divorce take in Minnesota?

• Answer: An uncontested or default divorce in Minnesota typically takes between 30 to 90 days after service of the Summons and Petition, depending on court scheduling and county processing times.  If both parties agree on the terms (or one party fails to respond), it resolves much faster and more cost-effectively than contested litigation. How quickly an uncontested or default divorce will take also depends upon if both parties are represented and/or if the parties have minor children. If there are minor children and both children are not represented, a hearing is required. If one party does not respond, a hearing is also required. The scheduling of the hearing is dependent upon the Court’s availability, which varies by county and/or time of year.