Here is Everything You Need to Know About What a Wife is Entitled to In a Minnesota Divorce
Divorce can be a lengthy and complicated princess. Here is everything you need to know about what a wife is entitled to in a Minnesota divorce.
Individuals can be entitled to very different assets during a divorce. Understanding how assets are divided is of the utmost importance to getting the most out of one’s divorce.
How is Property divided in a divorce?
Individuals going through a divorce must determine how they want to divide their property and assets. Some couples may decide to make a collaborative decision on how to divide their property, or the court can help them reach an agreement. Minnesota mostly presumes that property accrued during the marriage is subject to be split among both spouses. However, this does not mean that property has to be divided equally. Property division could be based on other factors like who contributed to the relationship the most financially, domestically, and the duration of the marriage itself. Minnesota also holds that any property owned before the marriage belongs to the individual whose property it originally was. With this said, property division is strongly dependent on the situation of the couple going through the divroce process.
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Are Individuals Guaranteed Alimony?
During a divorce, individuals must determine how they want to divide assets and income. While some couples may be able to reach an agreement on their financial situation, many need legal support during their conversation. Alimony is financial support that a person is ordered by a court to give to their spouse during separation or following the divorce. How much support and how long the payments last vary based on the situation.
What Are the Different Types of Alimony?
There are many different types of alimony that a spouse may be entitled to. These include:
- Temporary alimony, where payments occur during the separation process
- Rehabilitative alimony, which is given to the lesser-earning spouse for the period necessary for them to find a job
- Permanent alimony, which is given to the lesser-earning spouse until the death of either party or the remarriage of the recipient
- Reimbursement alimony, which is given as a reimbursement for expenses incurred by a spouse during the marriage
- Lump sum alimony, which is an amount agreed on or all at once and eliminates future financial dependence from an ex-partner
The type of alimony someone is entitled to heavily depends on their financial situation and duration of the marriage. To better understand what type of spousal maintenance you may be eligible for, contact Her Lawyer.
How is Child Custody Determined After a Divorce?
During a divorce, parents must determine how they will care for their children. If the parents can agree upon a system that works for them, the court will most likely approve it. However, if a divorcing couple is unable to agree, the court will make a child custody decision based on the best interest of the child. Some factors that the court might make this decision on include:
- The wishes of the child
- The connection the child has with each parent
- Location of each parent
- The ability of either parent to care for the child
- The child’s ties to their home, school, and community
There are different types of child custody that may be awarded to parents. These include sole or joint legal custody. Sole custody means that there is one sole guardian of the child that gets to make all decisions without consulting the other parent. Joint custody is when both parents share the authority to make important decisions about their child’s life. In most cases, this is the default in divorce. Joint custody means that both parents must communicate about their child regardless of their relationship. Even if one parent takes on a more hands-on role with the child, it is okay as long as both parents agree to that relationship.
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While courts attempt to give divorced couples joint custody, a parent may obtain full custody of their child. Parents who have sole custody of their child also may be eligible to file for child support. Child support varies on the financial capacity of each parent as well as how much the parents contribute non-financially to their child. To learn more about what is best for you and how to receive the best custody arrangement, contact Her Lawyer.
Does Fault Change How Much an Individual is Entitled to?
Minnesota is a no-fault divorce state, which means individuals do not need to prove a spouse did something wrong to get a divorce. However, this also means that when a court is deciding alimony or child custody, they cannot use fault to make choices.