3 . If you have kids , think about custody and parenting time .
Custody is broken down into two parts : legal custody and physical custody . Legal custody gives the parent the authority to make the major medical , educational , and religious decisions in the children ’ s lives . Physical custody is where the children reside and the parent with physical custody oversees the day-to-day care of the children . In Minnesota , the law has a presumption of joint legal custody- meaning both parents will share legal custody . There is no presumption for physical custody and parenting time- those are decided by the judge according to what is in the best interests of the children . Children benefit from having both of their parents in their lives , unless one parent is not fit or presents a risk of endangerment to the children . Think about what kind of custody and parenting time arrangement you want and what would be in the best interests of your children .
https :// hllawfirm . com / services / family-law / child-custody /
4 . Child Support : Child support is entirely dictated by a calculator proscribed into Minnesota law :
https :// childsupportcalculator . dhs . state . mn . us /. The calculator takes into account both parties incomes , the medical and dental insurance obligations for the children , the amount of joint and non-joint children living in the home , the amount of child care costs , the amount of overnights each parent has , and any already established child support or spousal maintenance obligations for other children or marriages . These numbers are run through the calculator to create the obligor ’ s basic child support payment . That number is used to create a percentage that each parent will be required to pay for un-reimbursed medical and dental expenses .
5 . Spousal Maintenance : If your monthly budget exceeds your monthly income , you may be looking to pursue
spousal maintenance . There is no exact formula the courts use when calculating spousal maintenance . Instead , it depends on a multitude of facts like the income of both parties , the age and health of both parties , the savings and retirement accounts of both parties , the monthly budgets of both parties , and the length of the marriage .
6 . Hire an Attorney : If you have read through this checklist and are committed to pursuing a divorce , please contact our attorneys at
Heimerl & Lammers . Navigating this process can be both difficult and timely- having strong advocates in your corner will make all the difference , both in end results and in your emotional sanity .