In Minnesota, divorce cases require parties to enter into an agreement. The divorce agreement details the rights of each party and any awards presented to them. A list of all assets is included in the agreement. Child custody and support are also outlined in the agreement. A Divorce Attorney in Rochester MN helps couples create an agreement to finalize their divorce.
Grounds for Filing for a Divorce
Under Minnesota laws, the couple uses irretrievable breakdown as divorce grounds. The couple must live apart for at least one hundred eighty days before filing for a divorce. However, some exceptions are made. Typically, if the marriage ended due to domestic violence or infidelity, the court will waive the required separation period. Each party must sign an affidavit testifying to the breakdown of the marriage.
Child Custody and Parenting Time
The couple must enter into an agreement about child custody and parenting time. Joint custody provides each parent with the right to make decisions about the child. However, in most cases, the child lives with the custodial parent for a majority of the time. Parenting time is divided, and most noncustodial parents have visitation every other weekend. Holidays, birthdays, and summer vacation are split evenly between the parents.
Dividing Marital Property
The couple must provide an equal division of all marital assets. The duration of the marriage could provide a higher claim for the assets. However, in most cases, the parties retain ownership of any assets owned prior to the marriage. Pension plans, life insurance, and retirement plans are divided evenly in most cases. However, a financial payment is also possible to balance out each party’s award.
Who Gets Alimony?
Alimony is paid temporarily or on a permanent basis. The length of the marriage determines the exact assignment. Parties who were married over ten years are more likely to receive permanent alimony.
In Minnesota, divorce cases are managed through family court. The divorce petitioner must fulfill all residency requirements and prerequisites when filing a motion. The couple must agree to the terms of the divorce or participate in a divorce trial. Petitioners who need help contact a Divorce Attorney in Rochester MN through Rolsch Law Offices right now.
