Contact Jerry Burg with your questions pertaining to Family Law.

The term Family Law encompasses many areas, including the challenging and emotionally overwhelming issues of divorce, child custody, post decree, domestic abuse and adoption. Our job includes facilitating informed decisions on our clients' parts and giving them an understanding of the big-picture impact of each important strategic choice. Intense conflict in these processes can result in a longer, more involved client/attorney relationship. For that reason, Heltzer and Burg PLC works to develop the effective communication necessary to help you make rational decisions in emotionally trying situations.

• Divorce
  Divorce and marriage dissolution are the same thing: the process of formally ending a legal marriage. If you are considering hiring a divorce attorney, you should be ready to discuss your children, finances, assets, taxes, health insurance, expenses, debt, property owned (including property owned before the divorce) financial needs, employment and sometimes, your health.
  
  In some situations, we can finalize a divorce without going to court. But your situation may require a trip to court in order to request temporary relief for problems like occupancy of the home, custody and access to children, and child support. We are mindful of, and work to minimize the expense and stress of divorce and have access to experts who value property, assess the best interests of your children, and determine a party's ability to work or find a job.
  
  Spousal maintenance is an issue in some divorces, and either you or your spouse could be liable for it. This depends on such factors as the length of the marriage, the ability to find a job that pays a living wage, the ability to work at all and the standard of living during the marriage. Each case is different, of course, but, in general, the courts encourage self sufficiency. They will not, however, hesitate to award maintenance to a spouse in need when the income of the other spouse is sufficient to pay.
  
  If you choose an alternative to litigation such as mediation, Heltzer and Burg PLC will participate in this process in order to advocate for and advise you.
  
  
• Child Custody
  Child custody issues commonly arise during dissolution. Courts increasingly emphasize the need for both you, and your spouse to have involved, committed relationships with your children after a divorce. Ultimately the court will address "physical" custody of the children, (where the kids live and who receives or pays child support) and "legal" custody, which pertains to decision making about the children.
  
  The issue of setting a schedule for "access time," ("visitation"), must be addressed when children are involved. Many factors will impact this schedule, but the court will strive to allow children time with both parents and to provide stability. Challenges arise when the adults are at odds, when one parent moves or when parent/child relationships are strained. A guardian may be appointed during this process if the court determines that there is a need.
  
  Remember, custody issues can arise between unmarried parents and even in situations where a person besides a parent has established a significant relationship with a child.
  
  
• Post Decree
  Issues related to spousal support, child support, custody, and access often continue after the marriage has ended and must be addressed in the courts through post-decree hearings (hearings that take place after a decree of divorce, dissolution or legal separation has been granted). Changes in income, needs, and circumstances are examples of factors that motivate people to seek judicial assistance after the divorce has been finalized. Some child support issues can be handled quickly, depending on the county, but others require a return to court.
  
  
• Domestic Abuse
  Most Minnesota counties have offices to help in securing a domestic abuse restraining order (Order For Protection or OFP). You must start this process with your county office, even if you have secured legal representation.
  
  The county staff will enquire about your situation, prepare the necessary documents, and take them to a judge who will issue the temporary OFP and set a date for the hearing. Thereafter, the Respondent (perpetrator) is served with the documents and may go to court to challenge the order. Domestic abuse proceedings can arise only between people who resided together or who are/were in a relationship (spouses, parent/child, domestic partners, etc.). Conflicts between neighbors, for example, cannot result in domestic abuse proceedings. They may, on the other hand, result in harassment proceedings.
  
  In many domestic abuse proceedings, the court will also address issues such as occupancy of real estate, child custody and support, etc. on a temporary basis.
  
  
• Adoption
  Heltzer and Burg PLC represent parties who wish to adopt a child. For same sex couples in particular, the legal landscape on adoption continues to evolve, requiring up to date knowledge of the courts' likely response to an adoption petition.
  
  The most common way for same sex couples to have a child is through a second parent adoption, where one partner is the birth parent and consents to the other partner adopting. Both partners become the legal parents of the child.
  
  Adopting should be a joyous time for parents and their children; at Heltzer and Burg, we endeavor to keep it that way.