Family Law Practice Areas
Jessica L. Sterle represents clients throughout
Northeastern Minnesota in the following areas:
- PREMARITAL AGREEMENTS
An agreement a couple agrees to before marriage stating how the parties’
money, debts, property and assets must be divided should the parties ever
divorce. Premarital agreements are also knows as antenuptial agreements
or pre-nups.
- DIVORCE
Also known as marital dissolution, divorce is a court proceeding to legally
end a marriage. It can include a court hearing to decide temporary relief
of various issues in the early stage of proceedings. Ultimately, the parties
must either agree on their own or have a judge decide how the parties
shall permanently provide for care and access of marital children (custody
and visitation), who must pay child support and how much, who must pay
alimony (otherwise known as spousal maintenance), if any, how to divide
marital property (debts, personal property, vehicles) and name change,
if any.
- LEGAL SEPARATION
A legal separation involves all of the issues in a divorce except the
marriage is not dissolved. The couple remains married until the parties
go through the divorce proceeding. Should the parties wish to divorce,
the terms of the legal separation are put aside and all the issues of
legal and physical custody of the children, spousal maintenance, division
of debts and so on, must be resolved.
- CHILD CUSTODY
Legal and physical custody must be determined for the children. Initially
a custody determination is based upon the “best interests of the
child,” which is an examination of 13 factors set forth in Minnesota
law. If custody was established in the past, then custody can only be
changed by written agreement or by showing physical or emotional harm
or endangerment to the child under the current arrangement.
- VISITATION ISSUES
Minnesota law gives every parent the right to see and spend time with
his or her children. Sometimes parents have difficulty arranging when
the parents are going to have time with their children during the school
year and during summer break. Holidays can be particularly difficult.
As children grow older, the visitation schedule parents created no longer
works so it may need to be changed.
- CHILD SUPPORT
Child support is the money the non-custodial parent, known as the obligor,
must pay to support his or her children. This child support is paid to
the obligee, or custodial parent. The amount of child support an obligor
must pay is based upon each parties’ financial situation, but key
is the net monthly income of the obligor. It may be possible to modify
a prior child support order if the obligor’s financial situation
has changed “substantially", meaning his or her finances have
had a change to cause a 20% change in ongoing support.
Tied into the issue of child support is also issues of medical support
for the children including health insurance coverage, if any, as well
as whom is responsible for any unreimbursed health and medical expenses
for the children, such as braces or glasses.
- PATERNITY
This is a legal process to establish the biological father of a minor
child. Paternity is an issue when a child is born to parents who are not
married. Mother or father may initiate a paternity action. Paternity is
usually settled at the child’s birth when mother and father sign
a Minnesota Recognition of Parentage form. The parties may submit to a
paternity test generally at their own expense.
Once paternity is established, legal and physical custody, visitation
and child support must be determined.
- SPOUSAL MAINTENANCE, OTHERWISE KNOWN AS ALIMONY
Spousal maintenance is paid by one former spouse to the other former spouse
because he or she cannot financially support himself or herself for whatever
reason. Spousal maintenance can either be temporary, for example for two
years to allow the husband to finish a college degree, or permanent because
the wife was a housemaker for 25 years and does not have an education.
Although the parties are divorced, issues involving spousal maintenance
may surface again requiring legal advice.
- PROPERTY DIVISION
The property husband and wife accumulated during a marriage is marital
property requiring the parties to equitably divide all items. The name
assets are held in is irrelevant. Such property includes furniture, house
wears, vehicles, ATV’s and real estate. Property is not usually
divided on a 50/50 basis. It may be necessary to have a professional appraise
or value assets. If there is a question if property is marital or non-marital,
it may be necessary to hire a professional to make this determination.
- POST DECREE ISSUES
There are times when a divorce does not end issues of property division,
pension division, spousal maintenance or legal and physical custody of
children because of change of circumstances. Should one or both parties
are not honest in declaring marital and non-marital property, it may be
necessary to address the non-declared property in a legal proceeding.
- ORDERS FOR PROTECTION
An Order for Protection is an order one receives from a judge prohibiting
a spouse, ex-spouse, ex-boyfriend or ex-girlfriend from having contact
with him or her. A court hearing is set allowing the parties to present
witnesses, police reports and other supporting documentation. A judge
issues an Order for Protection upon proof that someone (1) committed physical
harm, bodily injury or assault, (2) committed the infliction of fear of
imminent physical harm, bodily injury, or assault, or (3) terroristic
threats, criminal sexual conduct or interference with an emergency call.
A judge has the ability to make determinations of temporary legal and
physical custody of children, child support, and property division.
Courts sometimes see a party inappropriately seeking an Order for Protection
with little supporting evidence hoping to use the Order for Protection
against the other party for strategic purposes in a divorce or custody
action. Such behavior is used against the improper party in future hearings.
- HARASSMENT RESTRAINING ORDERS
A Harassment Restraining Order is an order one receives from a judge against
another preventing contact whether by telephone, mail, email or through
third parties. A court hearing is set allowing the parties to present
witnesses, police reports and other supporting documentation. The person
seeking a Harassment Restraining Order must prove a pattern of harassing
and unwanted contact, such as repeated telephone calls over several days,
unwanted visits at work, or the person constantly drives past one’s
house.
- GRANDPARENT'S RIGHTS
There may be circumstances when parents are unable to properly care for
their children. Drug and alcohol abuse are main reasons why county Social
Services steps in to provide children with a safe environment. Often times,
grandparents step in to care for their grandchildren. Under Minnesota
law, there are times when grandparents can seek and obtain legal and physical
custody of their grandchildren ensuring they are properly cared for.
- UNCONTESTED DIVORCE
What if a husband and wife have divided their debts and assets and negotiated legal custody, physical custody and parenting time on their own? Is an attorney necessary to finalize the divorce? An attorney can be retained to draft the approximately 10 forms necessary to complete a divorce. Some clients hire the attorney to complete and file the 60-70 pages necessary to finish a divorce. Jessica L. Sterle may be retained for a low fee to draft the forms and file the paperwork so the parties can quickly divorce. Prospective clients may contact her office for more information.
Contact the Law Office of
Jessica Sterle for representation or more information on these services.
*The information in the website is intended for informational
purposes only and is not to be construed as legal advice.
One should seek competent legal counsel for advice concerning your legal issues.
