Every divorce follows its own unique path, but there are some basics that pertain to nearly every case. If you are facing a divorce, you have a difficult time ahead of you, but there are things you can do to help ensure that your divorce protects you and your children’s best interests. One such step is enlisting the professional legal counsel of an experienced Duluth divorce attorney.
In any divorce that involves children, child custody will be an important issue. It is generally best for all involved to agree on custody arrangements between the divorcing spouses because you naturally know your children and their needs better than anyone else can. If this isn’t possible, the court will intervene on your behalf and will base its findings on what it considers to be in the best interests of your children.
Generally, both parents share legal custody, which means they both participate in making important decisions for their children, including decisions about education, childcare, religious upbringing, and health care. Further, both parents typically share physical custody – unless there is a serious issue that precludes one parent’s participation (domestic abuse, for example). Physical custody refers to the parent with whom the children live, and often, one parent will have primary physical custody (the parent with whom the children primarily live), and the other will have a visitation schedule.
Both parents are legally obligated to financially support their children. Child support is based on children’s three major needs, which include:
Generally, the parent with the visitation schedule makes child support payments to the primary custodial parent, and the support amount is based on income and other factors.
In a Minnesota divorce, your marital property will be divided in a way that is considered just and equitable, which doesn’t necessarily mean equally. Your marital property is property that you acquired as a married couple. The idea is to take all the salient details of your marriage into consideration and find a way to divide your assets fairly between the two of you. This is a more comprehensive, nuanced approach than splitting everything right down the middle regardless of the circumstances.
Spousal maintenance is what many people know of as alimony, and it’s a payment one ex-spouse makes to the other in an effort to help equal the financial playing field post-divorce. While spousal maintenance is never a given, it can be an appropriate mechanism for helping the spouse with fewer financial resources obtain better financial footing after the divorce. Unless there are extenuating circumstances involved, spousal maintenance is almost always temporary.
Divorce is both a complicated legal matter and an emotionally fraught ordeal. The dedicated divorce attorneys at Atticus Family Law in Duluth are committed to building your strongest case in support of you and your children’s rights. Our experienced legal team is here to help, so please don’t hesitate to contact us for more information today.
If I was asked to rank Atticus Family Law on a 10 scale, I would give them an 11. Choosing to end my marriage was a difficult and personal decision, and Atticus made the process seamless from beginning
110% Recommend Matt and his team! They were all so great to work with and easy to get a hold of. Each one responded quickly and answered all my questions. Thank you for all your hard work Matt,
Best service in the Twin City area!
Atticus went greatly to bat for us. We were so impressed by their efforts and personal service--imagine that, attorneys who actually treat you like human beings! Most HIGHLY recommended.
After interviewing four different attorneys, I had no doubt that not only did I want Matt to represent me in court, but also to work with me through the divorce process. I require a little more time to
Mr. Ludt and his team at Atticus Family Law were very professional, extremely helpful and were always available to answer any questions I had.
Very helpful when I needed a lawyer to help me with my legal issues. Great job! Thank you.
Matt was very helpful in advising our family when our mother passed away without a Will. He explained the process and worked at our pace to get the estate settled. Now my father recently passed away up in
I hired Atticus Family Law after I could not get my case moving forward. This was the best decision I could have made. Once Alexandra Reynolds was put on my case, she worked consistently and aggressively on ensuring
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