A divorce can upset you and your children’s lives in ways that few other life events can. If you are facing a divorce, the sooner you consult with an experienced divorce attorney in Eden Prairie the better prepared you’ll be to tackle the challenges ahead – in defense of your legal and parental rights.
If you and your divorcing spouse share children, child custody and child support are significant concerns. Child custody breaks down into both legal custody and physical custody. Legal custody is all about who will be making primary decisions related to your children’s upbringing, including those involving the following:
Just like physical custody, legal custody can be either joint or sole. There is also, however, the option of allotting legal custody according to the kind of decision that is being made.
Physical custody allocates the schedule by which you and your children’s other parent will divide your time with the children. Your basic options include one of you becoming the primary custodial parent (while the other has a parenting time schedule) and you and your divorcing spouse dividing your parenting time equally (or close to equally).
Whenever Minnesota courts make decisions that directly affect children, they base their determinations on the children’s best interests. Toward this end, there are a variety of factors that go into consideration, including:
Child support is calculated according to carefully considered state guidelines. Generally, however, the higher earner pays child support to the other parent (even if they share parenting time equally). This is to help ensure that each parent continues to support his or her children financially and in accordance with his or her ability to do so.
In Minnesota, those assets that you and your spouse acquire while you are a married couple are considered marital property. In the event of divorce, this property must be divided equitably, which does not necessarily mean equally – but instead means fairly (in relation to the unique circumstances of your marriage).
Alimony (also called spousal maintenance) only applies in those divorce situations in which one spouse is left with inadequate finances, and the other spouse has the financial means to help. Typically, alimony is intended to provide the recipient with the financial support he or she needs to gain greater financial independence via schooling or job training.
The very capable divorce attorneys at Atticus Family Law in Eden Prairie dedicate their practice to helping clients like you prevail with beneficial divorce terms that support both their parental and financial rights. For more information, please don’t hesitate to reach out and contact us today.
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