Family Law – O'Keeffe O'Brien Lyson Attorneys

Family Law Frequently Asked Questions

1. In which states do your family law attorneys provide representation?

Our experienced family law team serves clients throughout both North Dakota and Minnesota. We specifically provide professional guidance for individuals and families in the Fargo and Moorhead areas, as well as the surrounding communities in both states.

2. Why should I consult an attorney for adoption if the process seems straightforward?

Adoption laws are not universal; they vary significantly between North Dakota and Minnesota. By working with an attorney well-versed in the specific statutes of both states, you can ensure that all legal requirements are met—whether you are filing for an adoption or placing a child for adoption—to prevent any future legal complications.

3. How do prenuptial and post-nuptial agreements benefit a couple?

These agreements act as clear contracts that define property ownership, spousal support, and other legal rights in the event of divorce or the death of one of the spouses during the marriage period. By establishing these terms ahead of time—or even after marriage—couples can significantly reduce unnecessary legal costs and time spent in court should a separation or divorce occur in the future.

4. What role does establishing paternity play in other family law matters?

Establishing paternity is often a critical first step for many other legal actions. Once paternity is legally confirmed, it opens the door for a knowledgeable attorney to help you secure or understand your rights and responsibilities regarding child custody, child support, and parenting time.

5. Is hiring an experienced divorce attorney worth the expense?

In family law matters, there can be many complicated issues that could affect your ultimate outcome. Working with an experienced divorce attorney will definitely help you navigate the many legal issues you might have to face. Working with a competent attorney is well worth the investment. They know the process, they know the steps, they know the court deadlines, and they know how your unique facts and circumstances may impact your case. An experienced family law team will help you negotiate, and they will advocate for you in Court if the negotiations are unsuccessful.

6. What is the responsibility of a family law attorney in a divorce case?

Every case is different. Every case is fact-specific. You shouldn’t judge what your outcome may be based on what you read on the Internet or hear from your friends. A good divorce attorney should not only advocate for you but also tell you what you NEED TO HEAR rather than what you WANT TO HEAR. They should tell you the realities of your case and not sugarcoat things. Working closely with an experienced family law team will help you prepare a realistic path forward.

7. What is a parenting plan in a divorce case?

A parenting plan is either something the parents have agreed to or the court has imposed upon them. For example, it can dictate: the amount of time each parent will be allowed to spend with the children; specific dates and times; and the best ways for parents to communicate back and forth. Working with an experienced divorce team can help you develop a reasonable parenting plan for the best interests of your children.

8. Can a spouse get what they want in a divorce case?

Realistically, it is rare for both spouses to be completely happy with the outcome of a divorce. Working with an experienced family law team can help you negotiate and reach compromises throughout the legal process. Most people are happier reaching an amicable agreement, even if it means compromising, than allowing the court to make those decisions.

9. What is Collaborative Law in a divorce case?

The collaborative law process is another alternative to the traditional litigation-based divorce. One of the main objectives is for both spouses to agree that they do not want to go to court and have a judge make their decisions. You both would work through an organized process, with the assistance of an experienced, collaboratively trained family law attorney, to review how your family life will proceed. Sometimes that process requires the help of other experts to help with financial decisions or to structure a parenting plan that will be most beneficial for your children, which the collaborative law process offers.

10. If you are considering a divorce, how should you prepare?

It is wise to think in advance. Gathering as much information as possible prior to meeting with a divorce attorney will make the process much smoother. For example, divorce usually involves financial issues. Start by gathering: your mortgage statement; a recent home appraisal or a real estate tax statement, if possible; retirement account statements; bank statements; recent tax returns; anything that involves income and expenses. The more information you can document, will help your family law team get up to speed to help develop a better path forward.


From the attorneys at O’Keeffe O’Brien Lyson Attorneys

The questions and answers on this page are provided for general informational purposes only and are not meant to be legal advice. Reading these Frequently Asked Questions (FAQs), consulting our website, or contacting our firm through our online form or email does not create an attorney-client relationship. Legal outcomes depend on the specific facts of each case, and laws may change over time. Do not rely on these FAQs as a substitute for speaking with our team about your own case.

If you have questions after reviewing these FAQs, or if you would like advice about your particular situation, please contact our office directly to schedule a consultation. Do not include confidential or time‑sensitive information in our online form. We suggest sharing case details only during a consultation with our team.

Our law firm strives to keep this information accurate and up to date, but we cannot guarantee that every answer reflects the most recent changes in the law or in our practice. We may periodically update the FAQs based on new statutes, recent court decisions, or common questions we receive from clients and prospective clients.

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