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Good evening,I'm very sorry to hear about your circumstances. What you should do isn't up to a lawyer, but about what you want, and what your wife wants.I get the impression that you want to save your marriage, in which case marital counseling may be your best option. Of course, that only works if your spouse is willing to go to counseling and work on things. So really, the first thing that you need to do is have a heart to heart with your spouse and find out where they stand on your relationship.If she won't consider counseling, then perhaps the two of you talk about separation. In Minnesota you can simply separate, or either one of you can petition for legal separation. Legal separation is a lot like a divorce, in that you divide your property, decide issues of custody, visitation, child support, etc, just like in a divorce, but you remain legally married (great if you are wanting to work on your marriage, or one of you wants to stay on the other's insurance, etc).Option three, if she won't consider separation or counseling is a divorce. Minnesota is purely a "no fault" state, so you cannot allege adultery as grounds. Minnesota is also an equitable distribution state, so all marital property (with limited exception) acquired during the marriage would be split in an equitable, meaning fair, though not necessarily equal, manner.There's obviously a lot of information here, and I don't know what you want me to focus on. Please reply if you need me to clarify something or provide additional information. Happy to assist further. Thank you.
Oh my, that's awful. If the marriage cannot be saved, then you can petition the court for divorce and seek custody of your children (she would generally be given liberal visitation unless a court found there was a good reason not to do so). You could also seek child support.Right now, you both have equal rights to the children. If your concern is that she will take the children with her, once the divorce is filed, you can file a petition for a temporary order of custody so she cannot remove them.
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