If you are facing a divorce, it’s important to carefully consider all the ramifications this legal process will have on you and your children’s future. Going through a divorce is naturally extremely disruptive, but being proactive in the process can help ensure that you obtain divorce terms that work for your family. Working closely with an experienced Duluth divorce lawyer will allow you to move forward knowing that you are taking the necessary steps to embrace your post-divorce life with confidence.
The Major Elements of Divorce
Every divorce can be broken down into four basic categories (as applicable) – each of which can be more or less complicated depending on the circumstances involved in your divorce. These categories include:
Division of Marital Property – The State of Minnesota, like many other states, does not simply divide your marital property down the middle at the time of your divorce. Instead, that property that you and your spouse acquired together as a married couple will be divided in a manner that is deemed equitable – or fair. Other than child custody arrangements, this is often the most complicated and contentious divorce issue.
Child Custody Arrangements – Child custody is separated into legal custody and physical custody. Legal custody refers to who makes the important decisions (on behalf of the children) related to their education, religious upbringing, health care, and extracurriculars. Generally, both parents share legal custody of their children. Physical custody, on the other hand, refers to who the children live with. Typically, both parents also share physical custody, but the children live primarily with one parent, and the other parent has a visitation schedule.
Child Support – Child support in Minnesota is calculated according to the state’s calculation guidelines, but there are exceptions to this rule. For instance, if your child has special needs, his or her child support may be extended well past the high school years. Usually, the parent with the visitation schedule pays child support to the primary custodial parent. The state deems both parents financially responsible for raising their children to adulthood, and child support is the mechanism for sharing this responsibility evenly between both parents.
Spousal Maintenance – Spousal maintenance is also known as alimony, and it is by no means a certainty in a Minnesota divorce. When one divorcing spouse doesn’t have the means to meet his or her own financial needs post-divorce and the other spouse has the means to help, the spouse with greater means may be required to pay spousal maintenance. This is generally a temporary fix until the spouse in financial need can find his or her financial footing.
Discuss Your Divorce Concerns with an Experienced Duluth Divorce Lawyer Today
Divorce is a difficult transition, and because your resulting terms can reverberate far into your future, it demands careful consideration. The dedicated divorce lawyers atAtticus Family Law in Duluth are committed to skillfully negotiating on behalf of your rights and for divorce terms that serve you and your children’s needs. We’re here to help, so please don’t hesitate tocontact our experienced legal team today.
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. *Individuals named in the "Personal Perspective" are composite characters based on the attorneys at Atticus Family Law interactions with many clients. Facts are not specific to any particular case of any Atticus Family Law client.