In Minnesota, divorce proceedings require the couple to make choices about assets and children. The divorce agreement defines the separation of all ties created during the marriage. Both parties must agree to the terms of the agreement to avoid a divorce trial. A lawyer in Walker, MN helps petitioners review all laws that apply to their case.
What Is Considered the Marital Estate?
All property and assets accumulated during the marriage are classified as the marital estate. These include but are not limited to real estate, jewelry, automobiles, and any assets with an appraised value. Pension, savings, checking, and retirement plans created during the marriage are also considered marital property.
What Types of Spousal Support Is Available?
Spousal support is provided when a spouse cannot support themselves financially. Permanent support is provided according to the spouse’s age, disabilities, or other factors that prevent them from sustaining the same lifestyle achieved during the marriage. Rehabilitative support is provided until the spouse increases their earning capacity through an educational program. Temporary support is available during the divorce to help the spouse transition.
How Is Child Support Calculated?
Child support is calculated according to the child’s financial needs spanning up to the age of 18. Both parents’ income is reviewed, and the court uses a standard percentage chart to determine the amount. The total number of children produced during marriage plays a role in how much support is required.
Can Children Choose Their New Home?
Yes, children who are at least 12 years old can present their wishes to the court. The judge evaluates the parents if a custody hearing is needed. In rare cases, the child has the option to live with an alternative guardian; however, the court must prove both biological parents unfit before this happens.
In Minnesota, divorce cases must follow all applicable laws. An uncontested divorce is achieved when both parties agree to the terms of the divorce agreement. The laws require an equitable division of the marital estate. The couple must create a child custody arrangement or it is established during a separate hearing. Petitioners who want to start a divorce case can contact a lawyer in Walker, MN and get more information right now.
