Family, Civil & Appeals Attorney in Rochester, MN
Lilie McRoberts
CONTACT US TODAY! (507) 810-4449
Get Answers to Your Legal Questions
Family Law
What Is Family Law?
Family law encompasses legal matters relating to family relationships and domestic issues. It covers a wide range of topics, including divorce, child custody, adoption, domestic violence, and paternity.
What Is The Difference Between Legal And Physical Custody?
Legal custody gives a parent the right to make decisions about the child's upbringing, such as education, health care, and spiritual/religious direction.
Physical custody deals more with routine daily care of the child and where the child lives.
How Is Physical Custody/Parenting Time Determined in MN?
Parenting time decisions are made based on the best interests of the child. Courts consider a number of enumerated factors, such as the child's age, health, relationship with each parent, stability of each parent's home environment, and the child's preferences if they are old enough to express them.
Do I have to try mediation before bringing a motion to modify custody/parenting time?
Generally, the answer is yes. Learn more here: https://mncourts.gov/Help-Topics/Family-Court-Motions.aspx
How can I get an adoption without an attorney?
Click here for more resources: https://www.mncourts.gov/Help-Topics/Adoption.aspx or watch my video here: https://youtu.be/seoelamx7VY
How can I get a name change without an attorney?
https://www.mncourts.gov/Help-Topics/Name-Change.aspx or watch my video here: https://youtu.be/xbAHxGweKCE
Can I Get A Divorce Without An Attorney In Minnesota?
MN Courts Self-HelpYes, you can get a divorce without an attorney in Minnesota. You can go to Minnesota's Judicial Branch's self help website, for more information.
How can I get a divorce without an attorney?
Here is a link to Minnesota’s Self Help Page on getting a divorce. https://mncourts.gov/Help-Topics/Divorce.aspx For contested divorces or high asset divorces, it is best to speak with an attorney.
Can I Get A Divorce Without Going to Court In Minnesota?
Most of the time, when there is an uncontested divorce, you will not need to go to court to get a divorce.
Even when the parties aren't in agreement on many things, the court will start with an informal hearing. The court will emphasize collaborative approaches like mediation to reach settlement.
However, if the parties are unable to reach an agreement, the matter will proceed to more formal court proceedings.
Civil Litigation
What is small claims court?
Small Claims Court, which is called Conciliation Court in Minnesota, involves claims of $20,000 or less.
How do I take someone to small claims court?
Learn more about Conciliation Court (Small Claims Court) here: https://mncourts.gov/Help-Topics/Conciliation-Court.aspx
If I win in Conciliation Court, am I guaranteed payment?
No! Collecting on a Judgment involves opening a different case. The Court will not collect payment for you. Learn more about docketing a Judgment here: https://www.mncourts.gov/Help-Topics/Judgments.aspx
I cannot afford to pay the filing fee for my civil case—are there any fee waivers available to me?
You can learn more about whether you qualify for a fee waiver (in forma pauperis or IFP) here: https://mncourts.gov/Help-Topics/Fee-Waiver-IFP.aspx
What are my rights as a tenant in Minnesota?
Here is a link to the Minnesota Attorney General’s Landlord/Tenant Handbook: https://www.ag.state.mn.us/Brochures/pubLandlordTenants.pdf Also check out my video walking you through Minnesota’s self help page on Tenant rights here: https://youtu.be/VF3fLq2q7jE \
If I represent myself in a case, will I be held to the same standard as an attorney?
For the most part, yes. If you represent yourself, you must obey the same rules as an attorney. Learn more about representing yourself in Court here: https://www.mncourts.gov/Help-Topics/Representing-Yourself-in-Court.aspx
Criminal Law
Did you know there are resources available to nonlawyers?
Check out what resources are available here: https://www.mncourts.gov/Help-Topics/Criminal.aspx
Here are some resources available for some driver’s license issues:
Learn more about drug court here
Learn more about DWI Court here
How can I contest my citation?
You can find resources on contesting citations here: https://mncourts.gov/Pay-a-Fine.aspx#tab02contest
Appeals
Learn more about appeals from Conciliation Court Orders (small claims)
Learn more about appealing a Minnesota District Court Order
Click here: https://mncourts.gov/CourtOfAppeals.aspx
Miscellaneous Practice
What do I do if I am having problems with my car’s title?
Check out more about Car Title Problems here: https://mncourts.gov/Help-Topics/Car-Title-Problems.aspx