While the divorce process might be complicated, four key concerns must be addressed. After the tough choice of whether to file a dissolution action with the help of a Best divorce attorney many parties question where to begin sifting through the numerous facets of their marriage. To begin with, the procedure, considering the two major difficulties applied by the top divorce lawyer to every divorce and two additional key issues that apply when the divorced spouse has a minor child, is a good point.
Property Separation
Almost every marital estate has assets and liabilities. Both must be determined, reported, and distributed fairly among the parties. Typical assets include marital residence, additional real estate, stocks and bonds, retirement funds, business interests, motor vehicles, and personal items (such as jewellery, electronics, home goods and furnishings, etc.). Second mortgages, credit card balances, personal loans, lines of credit, school loans, and medical expenditures are frequent types of debt.
Whether a party chooses to engage an attorney or continue on their own, it is beneficial to identify their assets and liabilities along with a reasonable estimate of their worth. This enables the parties and/or his or their counsel to envision the marital estate and begin to construct probable property settlement solutions.
Spousal Maintenance
Formerly referred to as “alimony,” spousal maintenance is given less often than in the past, although it is appropriate in various circumstances. The length of the marriage and the economic discrepancy between the spouses are the key determinants.
If spousal maintenance is acceptable, assessing the length of time it should be paid is crucial. In a handful of instances, permanent or long-term spousal support is required. In most instances, parties agree to or are directed to exchange spousal support for a short duration.
Occasionally, the period includes a “step-down” technique in which the amount of spousal support diminishes over time until it is no longer paid. It is also often related to the married maintenance recipient’s capacity to make a living, which may be anticipated to improve when sufficient time has elapsed for the recipient to pursue school or take other measures toward gaining work.
Custody and Parental Visitation
Legal and physical custody are the two categories of custody. Legal custody pertains to religious upbringing, critical medical choices, and schooling type. Parties often agree to share legal custody choices, resulting in joint legal custody. In a minority of situations, exclusive legal custody for one parent is the proper answer.
Physical custody pertains to the child’s day-to-day care. The distinction between “shared physical custody” and “sole physical custody” is becoming less significant than the parenting time plan the parties are compelled to follow. Rather than concentrating on the term “joint” or “sole,” a party should carefully consider the co-parenting arrangement that they feel is in the “good enough interests” of the kid (ren).
Child Assistance
Child support is often a basic matter. It depends on the respective salaries of the partners and the agreed-upon or court-ordered parenting time plan. There are three categories of child support considered when determining child support:
- One parent provides basic child support to the other for the kid’s basic needs (ren)
- Medical assistance allocates the costs of health insurance premiums and other out-of-pocket medical expenses between the parties.
- Childcare assistance allocates the expense of childcare between the parties.
Parties may agree to differ from the Minnesota Child Support Guidelines. Still, they must first accept the Guidelines and then demonstrate why deviating from them is in the children’s interests.
Conclusion
This outline is a very generic and fundamental depiction of the probable challenges that parties may confront throughout the dissolution procedure. These topics are often tough and intricate. Any party facing an impending divorce would be well-advised to retain a Divorce lawyer for assistance with the procedure. Often, competent counsel is necessary to ensure a fair and expeditious conclusion.
