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Minnesota Family Law & Divorce Law Blog

Why you should fight for shared parenting during divorce

When joint parenting is not agreed to in a divorce, the parent who is left with just visitation rights will often fight for more parenting time. Because having less time with a child is not always best for a child, parents will often fight for shared custody. Such an arrangement can be extremely beneficial. However, this requires either parents to agree to such an arrangement or a judge to award such an order. Unfortunately, many fathers are faced with the fight to obtain shared parenting. This is not only fueled by their parental rights, but also for the best interests of the child.

More than 50 studies prove that children in a shared parenting arrangement post-divorce lead better lives than those living in the sole custody of one parent. Even though jurisdictions across the nation seek to uphold legal equality for mothers and fathers in custody battles, data from the U.S. Census indicate that family courts still favor mothers 80 percent of the time when it comes to awarding sole custody.

What are the benefits of shared parenting post-divorce?

Filing for divorce induces a wide variety of thoughts and concerns. This is especially true for Minnesota parents considering the needs and interests of a child or children during the process. While no parent seeks to split up his or her family, in some cases, this is the best option for everyone involved. Thus, it is important to consider how best to parent following divorce and how to ensure the best interests of the children can continue to be met post-divorce.

Ultimately, the best way to accomplish this is by developing a strong and fair custody agreement. Custody arrangements from one family to another can look vastly different. That is even true when they are joint-custody arrangements. In many cases, co-parenting or joint custody is looked at as a fair and beneficial arrangement. And when it is a workable order to meet, parents and children find this to be the most effective way to meet the ongoing needs that may develop over the years.

Helping you resolve property division disputes during a divorce

No two divorces are the same. Thus, no two divorces should be treated the same. Nonetheless, there are common divorce issues that should be noted, as well as frequently used mechanisms to resolve them. Keeping these tips in mind could help some Minnesota couples address problems in the dissolution process. Obstacles divorcing couples often face relate to the property division phase. This is one of the most contentious issues in a divorce because spouses cannot fully agree on who gets what and what is rightfully considered separate property.

Categorizing property can be challenging, especially if a prenuptial or postnuptial agreement was not included in the union. While these legal documents often detail who is entitled to what in the event of a divorce, without these documents divorcing couples are left to the state laws to determine whether property is considered marital property or separate property.

How a forensic accountant can help with property division

Divorce is sometimes not an easy process to go through for couples in Minnesota and elsewhere. It can be very emotional, difficult and, in some cases, very complex. In a high asset or wealthy divorce, divorcing couples might dispute who gets what. Property division is often one of the most contentious issues during dissolution. Spouses often need assistance with resolving these problems and moving forward with the process.

In some cases, experts and professionals are needed to sort through all of the issues of property division. While legal professionals are extremely helpful and beneficial, financial experts are often required to locate assets and understand what is involved in the property division phase and what the value is of the assets and property.

How can a child support order be modified or enforced?

When determining the most suitable child custody arrangements, divorcing parents must also consider the financial needs of their children. This is where child support comes into play. However, this is not always an issue that is resolved. In some cases, divorced parents will need to revisit this decision, seeking either modification or enforcement.

How can a child support order be modified or enforced? In most states, child support is based on a formula or set guidelines. This is typically calculated by assessing the income and expenses of each parent. The payment owed each month or week is also subject to the special or specific needs of the child. This could include medical, educational or extracurricular activity needs. These needs can change from year to year, making it essential to consider if child support payments are in fact meeting the needs of the child or children.

Boating While Impaired in Minnesota Can Lead to DWI Charges

Just the same way all states have drunk driving laws, every state has laws against boating while impaired (BWI). Minnesota is no different. The laws empower law enforcement agencies to stop motorized watercraft if there is reasonable suspicion the operator has been drinking. Contravening these laws may limit your legal freedom and attract financial penalties. You could face jail time, have a criminal record, pay hefty fines and pay higher insurance rates.

BWI crimes

Actress taking steps to enforce child support payments

Going through a divorce with children is a difficult process. While parents have needs and divorce issues to tend to, decisions made during dissolution have the tendency to impact the child or children even if it does not directly involve them. Where they live, custody decisions and the financial needs of the child needs to be addressed, and if a parent fails to uphold obligations, this could negatively impact the child.

A child support award has the purpose of providing and meeting the needs of the child. As a child ages, the needs alter, which requires future modifications of a child support agreement. When divorcing parents finalize a child support agreement, it is important that the paying parent continually meets this obligation.

The growing trend in postnuptial agreements

If a couple decides to forego a prenuptial agreement, it is possible to take the same protective measures with a postnuptial agreement. In fact, many married couples are seeking to protect assets by drafting a postnuptial agreement just in case a marriage ends in divorce.

While no couple plans to get a divorce right at the beginning of a marriage, this is a reality that all married couples need to consider. Common reports say that roughly half of all marriages end in divorce, so taking steps to ease this emotional and difficult process has become an essential step to take.

What makes the divorce process so difficult?

The decision to end a marriage can be difficult for couples in Minnesota. However, taking such a major step is often necessary for relationships that no longer work and cannot be salvaged. Although it might be difficult to see the positivity that could be gained through the process, the end result of dissolution could be beneficial for both spouses. Despite that, getting through the process can be very challenging.

What makes the divorce process so difficult? One of the most challenging things for divorcing couples to do is to separate their emotions from their marriage from the business of getting divorced. Many do not view the divorce process as what it is, and that is a business transaction. However, because the initiation and progress of dissolution invokes many emotions, it is hard to view divorce for what it is.

Helping you strategize through the child custody process

Parents in Minnesota and elsewhere tend to focus on the needs of their children over their own needs. While this is typical no matter the age of the child, this could prove to be difficult when parents divorce. Although the focus still remains on the child or children, the transition from a one-house family to a two-house family can be very challenging and emotional on everyone involved. Additionally, this process requires parents to agree on a fair and effective custody arrangement.

Parenting time is often the most important factor to consider when discussing child custody. It is hard to go from seeing a child all the time to half the time or less. Thus, disputes often arise when parents seek to protect their needs and the child's best interests. At our law firm, we understand the dynamics and complexities of the custody process. We are dedicated to helping residents in the Eagan area successfully navigate these matters.

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