Hastings, MN Divorce Lawyer
Sometimes in life things don't always go as planned. If you decide to end your marriage, I provide representation with a goal of avoiding needless litigation and costs. While I am an advocate for your rights, I strive for negotiated settlements where possible.
Requirements
- The person filing must have been a Minnesota resident for 6 months.
- You or your spouse reside in the county where filed.
- There is no pending divorce action elsewhere.
Minnesota is a no fault state. That is, adultery or physical or mental cruelty are not grounds, and need not be alleged, in order to obtain a divorce. In fact, the only permissible grounds for a divorce is that there has been an irretrievable breakdown of the marriage and the marriage cannot be saved.
Matters determined during a divorce proceeding usually include:
- Child custody & support
- Visitation (parenting) time
- Spousal maintenance (alimony)
- Property and debt division.
Children
If children are involved, you and your soon-to-be ex-spouse will need to cooperate in parenting your children. You and your soon-to-be ex-spouse will also likely be grandparents at some time in the future. Consequently, I attempt to resolve matters involving child custody and support in such a manner that future cooperation remains a possibility.
What is Legal Custody?
Legal Custody identifies which parent(s) have the right to make decisions regarding the upbringing of the child(ren), including education, health care, and religious training. Legal Custody can either be sole or joint. Sole Legal Custody means that only one parent has a right to make decisions regarding the upbringing of the child(ren), and Joint Legal Custody means both parents share in the decision-making.
Physical Custody
Physical Custody identifies which person(s) will handle the routine daily care and control of the child(ren). Generally, the child lives with the parent who has physical custody. Physical custody can either be sole or joint. If Sole Physical Custody is awarded, the non-custodial parent will have scheduled parenting time (visitation) rights unless the court "reserves" parenting time. If parenting time is "reserved" there is no order made for parenting time. But either parent can request a schedule in the future by filing a motion. Joint Physical Custody means that the child(ren) lives with both parents based on a schedule that best meets the needs of the child and parents, and that the parents have joint responsibility and control in the daily care of the child(ren). If you request joint physical custody, you must be able to show that you and the other parent can cooperate and work together to resolve problems that arise in raising your children.
Child Support
Child Support includes costs for the children for basic support for daily living expenses, health care coverage, uninsured and unreimbursed health care expenses, and child care expenses if child care is needed so the parent can work or attend school. In Minnesota, child support obligations are determined by the income of each parent.
