31 family law trials. 58 trial days. 13 counties across Southern Minnesota. When your family’s future is at stake, experience in the courtroom matters.
Family Trials
Total Trial Days
Counties Served
Trial Period
Case outcomes depend on individual facts and circumstances. Past results do not guarantee future outcomes. Case captions use initials to protect client privacy.
Most family law attorneys settle. Jacob Birkholz tries cases. With 31 family law trials totaling 59 days of courtroom testimony across 13 Southern Minnesota counties, Birkholz Law brings a level of trial experience that few family law practitioners in the region can match.
Click any case below to read the full summary including the specific outcomes achieved for our client.
Divorce involving four minor children where the parties reached a stipulated agreement on most issues but left two contested matters for the court. Jacob Birkholz secured meaningful protections for Respondent: the client could not be forced from her home until the $50,000 equity payment was actually in her hands, and a right of first refusal ensured the children would not be placed in daycare when their mother was available and willing to parent.
Secured housing protection tied to actual receipt of equity payment and won right of first refusal for parenting time during the other parent's work shifts.
Dissolution of an 8-year marriage where the parties lived together for only approximately 3.5 years due to incarceration and orders for protection. The Court denied Wife’s request for spousal maintenance after finding she demonstrated an ability to obtain resources and was capable of self-support. Neither party was required to pay a property equalizer, and the Court declined to award need-based attorney’s fees to either party.
Successfully defeated spousal maintenance claim and avoided any property equalization payment or attorney fee obligation.
Multi-day dissolution trial involving one minor child and complex property issues. The Court crafted a hybrid parenting arrangement adopting Mother’s school-year proposal while adopting Father’s summer proposal. On financial matters, testimony established that Respondent had sold marital vehicles without consent and that Petitioner had personally paid mortgage payments to prevent foreclosure, resulting in Petitioner receiving $32,456.92 of the homestead sale proceeds. The Court also defeated a child support deviation request and protected a $40,000 workers’ compensation settlement as nonmarital property.
Won hybrid parenting schedule, defeated child support deviation request, protected $40,000 nonmarital asset, and secured favorable property distribution.
Two-day trial dissolving a 17-year marriage with two minor children. Expert testimony from a CPA established Husband’s true annual gross income at $123,672 including cash payments and personal expenses run through his business. Wife secured majority parenting time after evidence showed Husband regularly failed to utilize court-ordered parenting time and undermined parenting decisions. A $30,000 need-based attorney fee award in Wife’s favor fully offset the equalization payment she owed.
Secured majority parenting time, uncovered hidden income through expert testimony, and obtained $30,000 attorney fee award that offset equalization payment.
Complex dissolution where a prior order had resolved custody but intentionally left financial and property disputes unresolved. The trial allowed the court to finalize the dissolution, clarify property division including real estate equity and retirement assets, set child support obligations, and resolve financial disputes with a calculated equalization payment. Previously reserved issues regarding THC testing became moot when the parties reached agreement during the hearing.
Secured housing protection tied to actual receipt of equity payment and won right of first refusal for parenting time during the other parent's work shifts.
Dissolution of an 11-year marriage with significantly different financial circumstances. The Court awarded the wife the marital homestead with $156,433 in equity and ordered tiered spousal maintenance: $2,700/month for the first year stepping down to $1,800/month thereafter for 13 years total. The Court rejected the husband’s video surveillance footage and independent medical evaluator, crediting the wife’s long-term treating physicians and Social Security disability determination.
Secured the marital homestead, 13 years of spousal maintenance, and defeated opposing party's surveillance and IME evidence.
Dissolution of a short marriage where the husband entered with substantial nonmarital assets including a property purchased outright for $175,000. The husband successfully protected every nonmarital asset he brought into the marriage: no retirement funds were touched, no spousal maintenance was awarded, and his McKenzie Street property was confirmed entirely in his name. The wife’s claims were contained to a single property.
Protected all pre-marital assets including retirement accounts, real property, and vehicles while avoiding any spousal maintenance obligation.
Dissolution involving a quadriplegic wife requiring around-the-clock care. The Court awarded the wife the marital home outright (extensively modified for her disability) and reduced her equalization obligation from what could have been a crushing amount to $75,000. The Court rejected the husband’s $325,000 home valuation, finding he had no appraisal expertise, and accepted the county tax assessment of $233,800 as the only reliable figure.
Protected the disability-modified home, reduced equalization payment through equity, and defeated inflated property valuation.
Two-day dissolution trial where the majority of contested issues were resolved before the hearing through strategic advocacy. The Court significantly reduced the Respondent’s requested spousal maintenance from $4,364/month down to $2,861/month. The Court also rejected the Respondent’s claim for $33/day vehicle use reimbursement and sided with Petitioner on life insurance, finding existing policies sufficient rather than requiring new purchases.
Reduced spousal maintenance by over $1,500/month, defeated vehicle reimbursement claim, and avoided new life insurance obligations.
Four-day dissolution trial where Respondent’s counsel negotiated a concrete real estate sale agreement on the record during the first day of trial. The agreement included listing the property at $499,000-$550,000, sharing equally in up to $4,000 in repairs, and automatic price reduction provisions. Critically, the Court preserved the terms of an existing Order for Protection, opening communication channels only narrowly for real estate purposes.
Secured favorable real estate terms while maintaining protective order safeguards and structured sale process.
Blue Earth County dissolution where the Respondent, a medically retired federal employee with lupus and fibromyalgia, was awarded her Federal Retirement Annuity in its entirety and had her former spouse’s survivorship interest removed, increasing her monthly income by several hundred dollars. Counsel entered 130 exhibits on her behalf compared to just two from the opposing party. The Petitioner was ordered to pay an equalization payment of $5,589.5
Secured full federal retirement annuity, removed survivorship interest, and obtained equalization payment with 130 exhibits supporting the case.
Complex dissolution involving foreclosure, a jointly-owned business, and multiple layers of debt. Through skilled negotiation, Respondent secured full retention of personal vehicles (including a Ford F350 recognized as a gift), Harley Davidson, camper, and recreational equipment. Birkholz Law also secured 25% of Petitioner’s Minnesota State Correctional Retirement Plan, 50% of her Deferred Compensation Plan, and 25% of her general state retirement.
Protected all personal property, secured significant retirement asset awards, and avoided spousal maintenance obligations.
Blue Earth County dissolution where the Petitioner secured permanent spousal maintenance of $300/month despite the parties’ modest marital standard of living. The Court carefully considered the Petitioner’s medical conditions, years out of the workforce as a homemaker, and uncertainty surrounding her long-term ability to become self-supporting. The Petitioner was also awarded an equalization payment of $4,803.28, the boat and trailer, and specific personal property.
Won permanent spousal maintenance, equalization payment, and favorable property division for a client with limited earning capacity.
Post-decree proceeding where the Petitioner sought to vacate the final dissolution order claiming fraud and demanding damages up to $125,000 for allegedly missing Rolling Stones memorabilia. The Court denied the motion entirely after finding no credible evidence of misappropriation. Multiple witnesses, including the parties’ own daughters, established that the collection had been carefully packed and fully transferred. The Court also granted conduct-based attorney’s fees of $13,479.31.
Complete victory: defeated $125,000 fraud claim, vindicated client through witness testimony, and won $13,479.31 in attorney's fees.
Legal separation proceeding where the Court validated Respondent’s non-marital property claims in full, protecting a pre-marital Thrivent 401(k) valued at $50,249 and inherited funds of $44,793. On retirement assets, the Court awarded Respondent an equal share of the marital retirement pool over $722,000 including a $604,113 transfer via QDRO. The Court also ordered Petitioner to maintain Respondent’s health, dental, and vision insurance until age 65 and bear the full $12,700 annual deductible.
Protected $95,000+ in nonmarital assets, secured $604,113 retirement transfer, and won lifetime insurance coverage through age 65.
Three-day trial where Birkholz successfully defeated the Respondent’s claim that his client had hidden or misappropriated over $157,000 in marital funds. Through testimony of a credible accountant witness and corroborating financial records, the Court found Respondent’s claims riddled with errors. The Court also established Respondent was voluntarily underemployed and capable of earning over $46,000/year, reducing spousal maintenance from the $4,000/month demanded to just $433/month.
Defeated $157,000 dissipation claim, reduced spousal maintenance from $4,000 to $433/month, and denied opposing party's attorney fee request.
Cottonwood County dissolution involving a cattle farmer and father of three boys who faced extraordinary personal hardship including the loss of both parents during the case. Despite the Court awarding sole custody to Petitioner, the trial secured important outcomes: a $2,400 child support credit after evidence revealed unauthorized withdrawals, a fair income calculation of $3,464/month rather than anomalous historical figures, and the respondent’s proposed holiday schedule with extended summer parenting time.
Secured $2,400 support credit, fair income calculation avoiding inflated figures, and meaningful holiday and summer parenting time.
Multi-day trial spanning four separate hearing dates that resolved all contested issues. The Court awarded the family homestead as the Respondent’s exclusive non-marital asset free and clear of any claim. The Court also ordered no parenting time for Petitioner with the oldest child based on credible trial testimony, denied the request to attribute overtime income into child support calculations, and formally established Petitioner’s non-parentage of two youngest children.
Protected homestead as nonmarital property, secured no-contact order for oldest child, and established non-parentage for legal clarity.
Carlton County dissolution where the Petitioner had already won permanent sole legal and sole physical custody through prior orders. At trial, the Court awarded permanent spousal maintenance of $2,000/month and $7,500 in attorney’s fees after finding the Father had dissipated a tractor valued at over $14,000, failed to share stimulus funds, cancelled the homestead listing leading to foreclosure, and refused to comply with discovery obligations.
Won $2,000/month permanent spousal maintenance, $7,500 attorney's fees, and favorable property division despite opposing party's obstruction.
Dissolution with children tried over two days in Chippewa County. Case involved contested custody and financial issues requiring detailed presentation of evidence across multiple statutory factors.
Secured favorable outcomes on contested custody and financial matters through thorough trial preparation.
Expanded parenting time from restrictive temporary order to full joint physical custody with a structured, growing schedule.
Custody dispute over a five-year-old child whose parents were never married. The father initially sought sole custody while the mother proposed limiting him to every-other-weekend. The Court rejected both positions and awarded equal 2-2-5-5 parenting time after trial testimony revealed the father’s continued alcohol use alongside the mother’s dismissive remarks about the father and mental health concerns. Strict substance use restrictions were imposed on both parties.
Secured equal parenting time despite opposing party's attempt to limit contact to every-other-weekend.
Custody modification where the Father presented compelling evidence of the Mother’s drug use, felony theft conviction, unstable housing, and inability to provide a safe environment. The Court modified the existing arrangement to a week-on/week-off schedule that significantly reduces in-person exchanges and mandated all communication through Our Family Wizard, imposing structure and boundaries that protect the child from ongoing parental conflict.
Modified custody to reduce conflict-generating exchanges and secured structured communication requirements.
Custody modification where a father fought to restore his parental rights after years of restricted, supervised parenting time. After completing all court-mandated therapy requirements, the Court granted complete restoration of joint legal and joint physical custody, immediate termination of all supervised requirements, and an expanding schedule of unsupervised parenting time including summer visits in Florida growing from 30 days in 2025 to 60 days in 2026.
Complete restoration of joint custody from supervised-only status, with expanding unsupervised parenting time including out-of-state summer visits.
Extensive multi-day trial spanning November 2022 through March 2023 where the Court granted sole legal and sole physical custody to the petitioner. The Court heard from law enforcement, child protection workers, psychologists, therapists, and numerous fact witnesses. Forensic interviews disclosed no abuse, child protection closed its case, and the court-appointed custody evaluator recommended sole custody to the petitioner. The respondent’s recordings of questioning her daughter were described by an expert as among the most leading and suggestive child interviews ever encountered.
Won sole legal and sole physical custody in a 9-day trial involving false abuse allegations, with immediate custody transfer ordered by the Court.
Custody modification where the Court granted every element of the mother’s requested relief. The father rested his case without calling a single witness. Evidence established the father’s active methamphetamine use, admission of drug use in text messages, physically dangerous environment through associations with drug dealers, and inability to maintain stable housing. Father’s parenting time was restricted to one supervised visit per week.
Won temporary sole legal custody, restricted father to supervised-only parenting time, and established comprehensive chemical dependency testing requirements.
Two-day custody trial where the Court awarded joint legal and joint physical custody with a week-on/week-off schedule, rejecting the Petitioner’s request for sole custody. The Court found both parents capable and committed, but imposed strict conditions including mandatory communication through Our Family Wizard and restrictions on overnight guests during parenting time.
Secured equal parenting time and joint custody against a sole custody request, with structured boundaries protecting the child.
Custody establishment where the father sought to formalize his parenting role after the mother unilaterally relocated with the child. The Court established joint legal custody and a structured parenting schedule that ensured the father maintained meaningful and consistent contact with the child despite the geographic distance created by the relocation.
Established formal joint custody rights and meaningful parenting schedule after opposing party's unilateral relocation.
Custody dispute where the mother sought to restrict the father’s parenting time based on allegations of instability and substance use. The Court found insufficient evidence to support the restrictions and maintained the father’s existing parenting schedule, finding that stability and consistency in the child’s life was best served by preserving the status quo arrangement.
Preserved full parenting time against allegations of instability, maintaining the child's established routine.
Custody establishment for an unmarried father seeking formal legal rights. The Court awarded joint legal and joint physical custody with a structured parenting schedule that provided meaningful and consistent time with both parents, rejecting the mother’s proposal to limit the father to every-other-weekend visitation.
Won joint physical custody for an unmarried father, defeating a proposal to limit parenting time to every-other-weekend.
Custody modification trial where the father sought to change custody of two children based on alleged changed circumstances. The Court denied the modification request after finding that the father failed to demonstrate the required endangerment standard. Evidence showed the children were thriving in the mother’s care with strong academic performance, stable housing, and healthy social development.
Successfully defended against custody modification, preserving the children's stable living arrangement with their mother.
Opposing counsel knows when your attorney has actually tried cases. That reputation creates leverage in settlement negotiations that attorneys without trial experience simply cannot replicate.
When you hire a trial attorney, your case is prepared as if it will go to trial from day one. That level of preparation produces better results whether the case settles or proceeds to hearing.
Presenting evidence, examining witnesses, and arguing the law persuasively are skills developed through experience. 59 trial days means your attorney has been tested and proven in the courtroom.
Blue Earth · Carlton · Chippewa · Cottonwood · Faribault · Freeborn · Jackson · Martin · Nicollet · Nobles · Rock · Waseca · Watonwan
Serving clients throughout Southern Minnesota from our Mankato and St. James offices.
Attorney Jacob Birkholz maintains an active family law trial calendar and is currently accepting new clients for contested family law matters throughout Southern Minnesota.
With 31 trials and 58 days of courtroom experience, Jacob Birkholz has the skill and preparation to fight for your family’s future. Contact us today for a consultation.
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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