Family legal matters are among the most emotionally challenging
experiences you’ll ever face. Our compassionate attorneys combine
legal expertise with genuine understanding to guide you through every
step.
Whether you’re going through a divorce, fighting for custody of your children or handling an adoption, you need an attorney who combines legal expertise with genuine compassion. At Birkholz Law, we understand that family law isn’t just about legal strategy. It’s about protecting the people you love most.
Our family law attorneys have helped hundreds of Southern Minnesota families navigate these difficult transitions. We take a thoughtful approach, listening carefully to your concerns and goals before developing a strategy for your unique situation. We’re skilled negotiators who can often resolve disputes outside of court but we’re also fierce advocates when litigation is necessary.
Unlike larger firms where you might be passed from one associate to another, at Birkholz Law you’ll work directly with an experienced family law attorney who knows your case, understands your family’s dynamics and is personally invested in achieving the best possible outcome for you and your children.
Minnesota is a no-fault divorce state under Minn. Stat. § 518.06. Neither party needs to prove wrongdoing. The only ground required is an “irretrievable breakdown” of the marriage.
Under Minn. Stat. § 518.58, marital property is divided equitably (fairly) but not necessarily equally. The court considers each spouse’s contributions, economic circumstances and the length of the marriage.
All custody decisions are based on the best interests of the child under Minn. Stat. § 518.17, considering 13 statutory factors including each parent’s ability to provide care.
Child support is calculated using both parents’ incomes, parenting time percentages, number of children and costs for healthcare and childcare under Minn. Stat. § 518A.34.
Spousal maintenance under Minn. Stat. § 518.552 may be awarded based on the length of the marriage, each spouse’s earning capacity and the standard of living during the marriage.
Minnesota courts often require mediation under Minn. Stat. § 518.619 before contested custody and parenting time matters go to trial. Mediation encourages cooperative resolution.
We represent clients across the full spectrum of family law matters in Southern Minnesota.
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Whether contested or uncontested, we guide you through every aspect of divorce, property division, spousal maintenance, child custody and support with a focus on achieving fair results while minimizing conflict.
We fight for your parental rights while keeping the best interests of your children at the forefront. We handle legal custody, physical custody, parenting time schedules and emergency motions.
Minnesota uses an income-shares model to calculate child support. We help both custodial and non-custodial parents establish, modify or enforce support orders.
We handle all types of adoptions: stepparent, private and agency. We manage the legal requirements from home studies and background checks to court hearings and finalization.
Mediation offers a cooperative alternative to litigation, saving time, money and emotional energy. We serve as your advocate during mediation and review proposed agreements.
When life changes, sometimes divorce terms need to change too. We help clients petition for modifications to custody, support and other orders when circumstances change.
Farm divorces involve unique challenges including land valuation, equipment division, government program payments and multi-generational property. Our attorneys understand the agricultural community and fight to protect your farm and livelihood.
Minnesota is an equitable distribution state. We ensure all marital assets are properly identified, accurately valued and fairly divided including real estate, retirement accounts and business interests.
Minnesota law recognizes grandparents’ rights to petition for visitation in certain circumstances. We help grandparents fight for meaningful relationships with their grandchildren.
A well-crafted prenup protects both parties’ interests. We help couples create fair, enforceable agreements that strengthen the foundation of their relationship.
Created after marriage, postnuptial agreements address property division, spousal support, business interests and inheritance rights with thoughtful professional guidance.
An uncontested divorce where both parties agree on all terms can be finalized in as little as 30 days. Contested divorces involving disputes over custody, property or support typically take 6 to 18 months depending on complexity. Cases involving business valuations, hidden assets or high-conflict custody disputes can take longer.
Minnesota courts use the best interests of the child standard, evaluating 13 statutory factors under Minn. Stat. § 518.17. These include each parent’s relationship with the child, the child’s adjustment to home and school, the mental and physical health of all parties and each parent’s willingness to encourage the child’s relationship with the other parent. There is no presumption favoring either parent based on gender.
Yes, if there has been a substantial change in circumstances since the original order. For custody modifications, you must also show that the modification serves the child’s best interests. For support modifications, changes in income, employment status, healthcare costs or the child’s needs can justify a new calculation. Modifications are effective from the date the motion is filed, not retroactively.
Minnesota follows equitable distribution, meaning marital property is divided fairly but not necessarily 50/50. The court considers factors including each spouse’s contributions to the marriage, economic circumstances, length of the marriage and the needs of each spouse. Non-marital property generally stays with the original owner though it can become marital property if commingled.
Minnesota law requires full financial disclosure during divorce. If you suspect your spouse is hiding assets, your attorney can use formal discovery tools including interrogatories, requests for production of documents, depositions and subpoenas to banks and employers. Courts take hidden assets seriously and can impose sanctions or award a larger share of property to the innocent spouse.
Minnesota courts consider several factors including the financial resources of the requesting spouse, the time needed to acquire education or training, the standard of living during the marriage, the length of the marriage and the age and health of the requesting spouse. Maintenance can be temporary or permanent depending on the circumstances.
Our attorney was thorough, reliable and communicable throughout my entire case. She went above and beyond, meeting with my wife and me on a Saturday to review discovery. She definitely stood her ground for us in court.
Sarah M.
Every family situation is unique and time-sensitive. Whether you are facing divorce, a custody dispute or need to protect your children, early legal guidance makes a difference. There is no risk in calling. Request an appointment today.”
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
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