Dayton MN Divorce Attorney
Divorce can be contested, or it can be uncontested. Contested divorces involve conflicts with custody, child support, property division, alimony, and a variety of other issues. Uncontested divorce occurs when both parties agree on the issues at hand, allowing the process to move as smoothly as possible. But no matter how complicated or uncomplicated the divorce, you should consult with a Dayton divorce lawyer.
When it comes to custody, there are different reasons why you may need a divorce attorney to become involved. You may need to modify an existing custody agreement, provisions may need to be added to an existing agreement, custody may need to be established, or a child may need to be relocated out of state.
The parent who doesn’t have custody of the child is the parent who pays child support. Support is calculated pursuant to a formula, and often includes basic support (monthly cash payment), medical support (insurance and uninsured expenses) and daycare support.
In Minnesota, marital property is typically divided equally among the parties. “Marital property” involves assets acquired during the marriage. Other non marital (property brought into the marriage, or inherited or received as a gift during the marriage) is typically awarded exclusively to the party with that interest.
If one spouse does not earn as much money as the other, the higher income earner may have to pay alimony until the spouse receiving alimony is able to support themselves. Alimony can be permanent in some situations, in particular of the marriage is of significant length. The court may award spousal maintenance for a specific amount of time so the receiving spouse can find work or receive the education they need to make an adequate income. Under the law, a maintenance recipient loses alimony when they remarry.
It is possible that you can have your spouse pay your attorney fees, if you are unable to do so. The court will have to see a reason behind requiring the other spouse to pay. For instance, have the means to pay and you don’t. The awarding of these fees are need-based or they are fault-based. Fault-based fees occur when one party fails to provide discovery responses, frivolous motions have been filed, the party fails to appear in court, fails to file specific court documents, or they commit an act that causes an unjustified increase in court costs.
Contact a Dayton Divorce Lawyer
Divorce is difficult, but you have the right to move on with your life. If divorce is the answer, we are here to help. Schedule your free consultation by calling us at 763-323-6555, or complete our free case evaluation form.