Common Questions Regarding Divorce
Navigating family-related legal matters can be emotional and complex. Navarro Law Firm PLLC has worked with clients in Minnesota for several years, and has found answers to the most complicated issues. When you require a strong advocate in your corner, Dom can be that person, as he works tirelessly to represent his clients and their best interests.
After reading through the list of frequently asked questions below, call his office in Rochester at 507-923-2190 to schedule a consultation. You can also email him by clicking here.
Does it matter who files for divorce first in Minnesota?
No, it does not. After a party files for divorce, the other must respond within 30 days or be exposed to a possible default judgment. If you are served with divorce papers, do not wait to respond.
What can I expect at a contested divorce hearing?
This is the time for a judge to hear evidence and testimony. This can be in relation to the specifics of your divorce or collateral issues. A ruling can be temporary or permanent, depending on the procedural history and the specifics of your case. Essentially, it is a time for both parties to present evidence to support their case and requests.
How long does a divorce take from start to finish?
That depends on the specifics of the case and the county in which it is venued. Once the case is filed with the court, it could take a few weeks, several months, or even a couple of years, depending on the complexity of the case.
How does a judge determine maintenance (alimony)?
There are a number of factors the court will consider, including the length of the marriage, the standard of living during the marriage, the earnings of both parties, and the health of each party. The goal is to assure that each party is reasonably able to be or become self-supporting.
Are assets always split 50/50 in a divorce?
Minnesota is a no-fault equitable distribution state. This means that whoever is “at fault” during the marriage does not matter, and the marital assets will be split in an equitable manner.
Who gets to stay in the house during a divorce?
This depends on your case. If one party bought the home prior to marriage, it could be considered nonmarital property and not subject to division during the divorce. However, if the parties purchased the home together during the marriage, each has a right to it.
How is child support calculated in Minnesota?
In Minnesota, the income of both parents is added together to determine what is known as the Parental Income for Child Support (PICS). This amount and the number of children you have determine the total monthly support for both parents based on these Minnesota guidelines. For example, if your monthly income is $3,000 and your co-parent’s is $2,000, your PICS amount is $5,000. If you have one child, based on the Minnesota guidelines, you and your co-parent owe $818 every month in child support.
To determine how much each parent owes individually, you must determine your percentage of the PICS. If your income is $3,000, your percentage of the PICS is 60%, which means you owe 60% of the monthly child support amount. In this example, this means you owe $491 in monthly child support and your co-parent owes $327.
Of course, this is a base estimate of a possible scenario. There are many other factors that may determine child support payments, such as which parent has less time with the child and costs such as insurance and day care. An attorney can help you estimate how much support you will have to pay and fight for your rights to a fair child support agreement.
Does divorce require going to court?
No, it is not a requirement. If you and your spouse have an uncontested divorce where you agree upon all the terms regarding property division, child custody and support, and alimony, then you may be able to settle your divorce outside of court. You will have to submit your divorce agreement and a petition for divorce with the court, but you will not have to appear in court in person.
However, if you are unable to reach agreeable terms and cannot resolve your disputes through alternative dispute resolution such as mediation, then litigation is the only option. This is called a contested divorce, and the court will make the final decisions regarding property division, custody and alimony.
Can I modify my child custody or support agreement?
Yes. It’s natural for your circumstances to change over time. When this happens, revising an existing custody or support order is possible. However, you must demonstrate a significant change in circumstances, such as:
- A parent is relocating to another state
- A parent has developed a serious injury or illness
- A parent has lost their job or has acquired a new job with a significant increase or decrease in income
- The child’s educational or health needs have changed
- Concern for the child’s safety due to parental substance abuse or domestic violence
These factors may warrant revising a child support or custody order to better align with your current situation.
Can I avoid paying alimony?
Alimony is generally awarded to provide a lower-earning spouse with financial assistance that will allow them to maintain their standard of living after the divorce. Avoiding alimony may be possible through certain steps, such as creating a prenuptial or postnuptial agreement, where you can include a spousal support waiver. Or, if you and your spouse agree that alimony isn’t necessary through negotiation, the courts may approve waiving it during the divorce proceedings.
You may also try to push for rehabilitative alimony, which is designed to help your spouse get the resources they need to reenter the workforce. Rehabilitative alimony is short-term and generally only lasts up to five years. A lawyer can help you determine the best course of action to avoid alimony payments.