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Divorce with Children

Divorce with Children

Navigating through the divorce process is difficult, but it can be even more difficult when children are involved.

Family Law

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Divorce with Children Can Be Difficult – Talk to an Experienced Divorce Lawyer

Divorce is difficult. People are forced to make complex decisions regarding their future at a time when they feel that all they care for is vulnerable to being lost, including their children.

When it comes to custody, the question that jumps to mind is, “Who Gets The Kids?” Because custody is difficult and explosive, people going through a divorce with children often seek experienced legal counsel to advise them on these complex issues and to advocate on their behalf in negotiations and in the courtroom.

Navigating the divorce process requires an appreciation for childhood development, parent-child relationships, recognition of financial complexities involved in single-parent households, and an understanding of the Minnesota laws and case decisions that govern custody outcomes.

The attorneys and staff of Atticus Family Law will help you identify your priorities, show you how they are related to one another, and develop an action plan. We operate with a “big-picture” perspective so that your overall plan takes into account what is best for you, your children, and your financial security, both during the divorce and in the long run. Family law is what we have chosen to do to help clients like you through these important life transitions.

Common Issues in a Divorce with Children

Before a divorce can be granted, several decisions must be made regarding various aspects of the marriage and the marital estate. These decisions may include:

  • Custody and Parenting Time: A decision must be reached by the parties, or decided by the court, as to who will have physical custody of minor children. Decisions must also be made for the non-custodial parent regarding parenting time (also referred to as visitation) for weekdays, weekends, holidays and summertime. These decisions need to serve the best interests of the children and must take into account the realities of both parents, including any mental health, chemical dependency, and domestic abuse concerns.
  • Legal Custody: The important decisions in children’s lives, including medical care, religious upbringing, and schooling, typically need to be made by both parties. In some cases, the parties or the court decides to award this decision-making authority to just one parent.
  • Child Support: This is awarded to account for the costs of everyday living needs of the children, including medical insurance support and childcare costs. Child support does not cover all costs associated with raising a child, and further decisions need to be made about how to divide additional expenses such as insurance co-pays and braces. A skilled attorney can help you anticipate and account for many of these costs during the divorce process.
  • Division of Assets and Debts: In a divorce, there needs to be an equitable division of marital assets. These assets can include houses, vacation cabins and/or land, household furnishings, retirement and bank accounts, small businesses, vehicles (including recreational vehicles, boats, and motorcycles) and other personal property, including jewelry and antiques. Debts may include mortgages, loans, and credit cards. The assets and debts need to be valued, assessed for their non-martial qualities, and divided in a manner that is fair to both parties.
  • Spousal Maintenance: Decisions need to be made regarding the award of financial assistance, popularly referred to as “alimony,” from one party to the other, especially when one spouse may not have worked outside the home during the marriage and is not in a position to be immediately self-supporting.

Trust Your Case to an Experienced Minnesota Divorce Lawyer

If you need legal representation in a divorce, contact us at Atticus Family Law. We are committed to helping you develop a plan that values your priorities as well as protecting your interests in negotiations and in court.

FAQs About Divorce With Children in Minnesota

How do I tell my children about the divorce?

Telling your children about divorce is one of the hardest conversations you’ll ever have, but approaching it thoughtfully can help. We recommend both parents present a united front when breaking the news, using age-appropriate language and reassuring your children that the divorce is not their fault. Our client coach can help you prepare for this conversation and navigate the emotional challenges that follow.

How do I protect my children from conflict between their parents?

Never ask your children to carry messages between parents, avoid speaking negatively about your ex-spouse in front of them, and don’t use them to get information about the other parent’s household. Our KIND communication method helps parents develop communication strategies that protect children from adult problems while ensuring important information gets shared.

Can my children choose which parent they want to live with?

Minnesota courts may consider a child’s preferences, especially as they get older, but the child doesn’t get to make the final decision. Courts recognize that children aren’t equipped to make complex legal decisions and may feel pressured to choose sides, and so take all “best interest of the child” factors into account.

How long does a divorce with children typically take?

Divorce with children generally takes longer than those without because of the additional decisions that must be made regarding custody, parenting time, and support. Every case’s timeline is unique: uncontested cases may be able to resolve in just a few months, while contested matters can take several months or longer.

How do you create a parenting schedule that actually works?

The best parenting schedules consider your children’s ages, school schedules, extracurricular activities, and both parents’ work commitments. We help families create detailed parenting plans that address not just regular schedules, but also holidays, vacations, and special circumstances to provide both predictability and clarity.

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FREE Download of the Minnesota Divorce Success Guide: Everything you need to divorce without regret.

  • Decisions about the children’s future and parenting time.
  • Responsibility for spouse’s debt and spending.
  • Separation of assets and income.
  • Who will work on my case?
  • How long will it all take?
  • How will you accomplish my goals?
  • How much will it cost and what do the fees include?

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