Matters Handled By A Family Law Attorney In Rochester, MN

by | Mar 11, 2014 | Law

A Family Law Attorney in Rochester MN manages matters that relate to families such as marriage, divorce, child custody, adoption, and surrogacy. They settle conflicts, establish partnerships, and provide protection for at-risk families. The attorneys enforce legal obligations such as child support and benefits earned by eligible spouses. They initiate legal action to uphold the rights of surviving partners and spouses after a loss.

Cost of Living Adjustments

Any custodial parents receiving child support payments have the legal right to file for a cost of living adjustment every two years. These adjustments are not automatic even when they are included in the court-order. The parent is required to hire a family law attorney in Rochester MN to file the required documents. These documents include a letter of notification, cost of living adjustment forms, and an affidavit offering proof of service via mail. A copy of each document is required by the court and the employer of the non-custodial parent.

Paternity

Genetic testing is required to prove paternity. The court requires testing for all fathers identified by mothers who receive financial assistance for the child from the state. Paternity established by the county court can lead to a child custody order or permitted visitation rights for the father. The state of Minnesota incurs all cost for DNA testing to establish paternity when court-ordered. Alleged fathers who wish to establish paternity are required to submit an affidavit through the Family Law Attorney in Rochester MN of their choice.

Annulments

Annulments are granted based on an inability to provide consent or consummate the marriage. Inability to provide consent implies mental illness, the influence of drugs or alcohol, or agreement due to force or fraud. Non-consummation relates to the inability to engage in sexual intercourse due to impedance, undisclosed sexual orientation, or the age of either party.

The legal marital age without parental consent is 18 and 16 with consent. Petitioners have up to 90 days to file an annulment based on mental capacity and one year for all other reasons. Documents for an annulment are available only through a Family Law Attorney in Rochester MN.

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