Family Law Frequently Asked Questions

  • Every divorce is different. Unfortunately, there is no “one-size-fits-all” approach for a divorce. There are factors that can limit the cost of your divorce including: Can the parties agree on how their assets and debts will be split? Can the parties agree on the value of their homestead, or do they need an appraisal? Can the parties agree on a parenting-time schedule or does the issue need to be submitted to the Judge to decide after the parties attempt mediation? Divorces start at $5,000 and can cost as much as $15,000+ depending on the facts of your case. You will receive a more accurate cost estimation after your consultation with our experienced divorce attorney, Summer Nelson.

  • There are several parenting time schedules people can choose from to utilize during and after their divorce. Some examples include a 5-2-2-5, where one party has the child for five days at a time, then the other party has them for two, then the first party has them for two days and the second parent has them for five days, and they constantly rotate the children this way. Ask our experienced attorney, Summer Nelson, to provide you with some common schedules to look through. Parenting time schedules are usually agreed upon by both parties during the divorce process.

  • Being able to keep your house after a divorce depends entirely on your financial health. Are you able to make the mortgage payment as well as pay the utilities and upkeep of the home with your income alone? Does your legal spouse care if you keep the house? Can you afford to pay your legal spouse the equity they have put into the home? Will a bank approve you based on your income and credit alone? These are all questions you can discuss with divorce attorney Summer Nelson to determine if it is realistic to keep your home after the divorce.

  • Word-of-mouth referrals from people that you know are always a great way to build trust with a potential attorney. A great divorce attorney is patient, kind, knowledgeable about the divorce process, knows the laws surrounding divorce, and can connect you with other professionals you may need to work with throughout the process. We suggest that you talk with a few divorce lawyers before making your decision on which one you would like to hire, due to the length of the process that you may be working with one!

  • In the state of Minnesota you have 30 days to answer the Divorce Petition. We recommend you schedule a consultation with our divorce attorney Summer Nelson to determine the best strategy moving forward to make sure that your answer is completed and served on your future ex-spouse within the required time frame. If you don’t answer the divorce petition, your current legal spouse could be awarded everything that they are asking for in the petition without your consent or input.

  • Once you’ve decided that divorce is the route you are either choosing or forced to take, please reach out to our office by calling 651-300-0036 or emailing stephanie@nelsonfamilylawoffice.com to schedule your consultation. Consultations are done either over the phone or in person, depending on attorney Summer Nelson’s availability. They are 30 minutes long and cost $150 per consultation. During your consultation you share your specific situation to attorney Nelson and she can help guide you and answer any questions you may have about the divorce process.

Business Law Frequently Asked Questions

  • If you are served with a lawsuit on behalf of your business, you need to contact an experienced business litigation attorney immediately. Summer Nelson at Nelson Law Office can help you.

  • A business attorney is a trusted advisor to have at your side throughout the duration while your business is operating. If you need to serve a lawsuit on someone, or if you get served with a lawsuit, it’s better to have an already established relationship with an attorney who can help you. 

    In the beginning stages of a business, it is important to consult with an attorney about the licensing and permitting requirements for your business, laws that you need to stay in compliance with, and reporting requirements. It is also wise to have an attorney help you draft and review contracts and documents you will need such as leases, service contracts, partnership agreements, vendor contracts and agreements, client agreements, and so on.

  • Trademarks provide your business with a higher level of protection from other businesses who see your success and try to copy you. If competitors come up with a similar name, or a similar “look” that would cause confusion to a consumer as to where the goods come from, the other business may have infringed on your trademark if you have one registered with the United States Patent and Trademark Office. If you have a registered trademark, you can then send them a cease and desist letter to stop infringing on your registered trademark. The more stylized your mark, the better chances you have to be successful stopping other businesses from copying you.

  • You need a Federal EIN number to file taxes before you can open a business bank account. You can receive an EIN number through the IRS website  and they will assign one to you right away. You will also need to get a Minnesota Tax ID number to file taxes. Your attorney or tax specialist can help you get one of these.

  • Yes, you need to register your business’s desired legal entity status with the Secretary of State in Minnesota. Contact us today to help you with this registration process.

  • We recommend our new business clients to sign up for assistance through the Minnesota Small Business Development Center which is a grant funded (free!) for all new and anticipated businesses in the state of Minnesota. There are nine centers throughout the state who will assign you a consultant that can help you flush out your business ideas, develop a business plan, connect you with a marketing consultant, and so on.

    After you have met with a representative from the SBDC, then contact Nelson Law Office for a consultation to start getting your legal documents in order.

Estate Planning Frequently Asked Questions

  • Everyone needs a Will! While Minnesota and Wisconsin residents are not legally required to have a Will, it is important that you have one. Call our office to schedule an appointment to discuss your Will!

  • If you own real property, run a family business, have minor children, or your net worth is higher than $100,000.00, contact our office to discuss trust options.

  • A Trust is an Estate Planning tool that is used to maximize privacy and avoid probate. There are many types of Trusts that you can create for your legacy.

  • If you die without a will, the distribution of your belongings will be determined by the laws of the state. Minnesota laws require your belongings pass to a relative if you don’t have a Will. Therefore, if you want to leave a specific item or money to a charity or a friend, you must have it in your Last Will.

  • When you die, all of your assets and debts are referred to as your Estate. Your debts and last expenses of life will be generally paid out of your Estate when you die. This means that your creditors are paid before your heirs.

  • Probate is the name of the legal process that settles your Estate after you die. Generally, Estates worth less than $75,000 will avoid Probate.