Callahan Law, LLC, works with clients in Chanhassen and throughout the state to find their peace in their Minnesota divorce. Helping clients calm the emotional storm that often swirls around the divorce process allows them to make wiser, more rational decisions when negotiating a divorce settlement or preparing for litigation.
We have all heard about divorces in which both spouses agree to disagree; they put their emotions aside for the sake of their children, and seem to effortlessly move on. But not all divorces are easy, and even though you may be willing to forgive and move on, if your spouse (or ex-spouse) is a high-conflict person, you are in for a bumpy ride!
People often confuse the terms "custody" and "parenting time." Under Minnesota law, there are two types of custody: legal and physical. It is common in Minnesota for parents to have joint legal and joint physical custody. Keep reading to learn more.
Spousal support, sometimes also referred to maintenance or alimony, is money (usually monthly payments) given from one spouse to the other to allow both spouses to continue to maintain the marital standard of living if possible. Spousal support is not awarded in all divorces and there is no rule that favors women or men as far as who should pay spousal support and who should receive support.
Child support is money paid from one parent to another parent for the benefit of the parties’ joint child or children. Child support it not treated an income to the parent who receives it and is not tax deductible to the parent who pays it. It is assumed in Minnesota that both parents will contribute the financial needs of their children. It is possible, under certain circumstances, for a parent to provide care for the children rather than provide actual dollars.
When parties in Minnesota divorce, they are each entitled to an equitable share of martial property. Marital property is generally anything that was acquired during the marriage. There are exceptions to this general rule as Minnesota recognizes a spouse’s right to “non-marital” property, which includes things like inheritances or gifts made on only one spouse, and not to both.
As years go by following a divorce or custody order, children get older, parents change jobs and remarry, and people move. All of these normal life changes can make court orders outdated. Changing jobs can mean that income figures used to calculate child support and medical insurance are no longer accurate. Modifying child support and spousal maintenance are common post-decree modifications in the years following a divorce. Another common issue is the need to enforce court-ordered reimbursement for expenses.