Your Twin Cities Law Firm Will Guide You Through Myriad Issues Of A Divorce

There are a number of different issues that arise as part of divorce proceedings

. No divorce can or will be finalized by the family court until all the relevant issues are finally resolved, whether by way of a settlement agreement or through a trial. Most divorce cases do not make it to trial, unless each and every issue is highly contested. If you are one of those people, be aware that such a divorce will end up costing a lot of money in attorney's fees and costs. Most divorces are resolved through a settlement agreement, often called a Marital Settlement Agreement. Your Twin Cities law firm will help guide your case to a settlement that is reasonable and relatively satisfactory to all parties and which addresses each and every applicable issue.

One of the issues that are dealt with in divorce proceedings is the division of property and financial assets, and then their distribution. As your Twin Cities law firm will inform you, you and your spouse will need to document any and all assets you held together during the marriage that is not legally deemed separate property. Separate property is any property that was brought into the marriage, or was received by gift or inheritance during the marriage. Any other property that was "earned" or purchased during the marriage or towards which marital earnings were paid will be subject to a 50-50 division. Bank accounts, 401(k) and profit sharing assets, car values, personal property values, such as your furniture and electronics in your home, and the value of your home if you own your home are all assets that will likely need to be divided. Of course, you cannot cut up the TV or the house.

As such, the value of each asset is determined and then divided such that each side retains items that represent 50% of that value. With homes, typically one spouse keeps the home and the other spouse retains other assets that equal the value of the home. When that is not possible or desirable, the family home is sold with each spouse receiving one half of the proceeds. The spouses will also have to share 50% each in the marital debt that accumulated during the marriage. Spousal support will also typically be awarded in a divorce to the lower earning spouse. In addition, the lower earning spouse can sometimes get the higher earning spouse to pay all or a portion of their Twin Cities law firm attorney's fees.

Aside from property division and spousal support, a major issue that comes up in divorce is custody of any children from the marriage. This is always the most sensitive issue in a divorce. This is something that you will need to heavily lean on your Twin Cities law firm, who can not only advise you on your rights and how the courts typically address custody, visitation and child support, but can also provide you with the emotional support you will likely need. The courts will always rule in favor of what is in the best interests of the child. If that means they live with mom and visit with dad, then that will happen. They will often look to see what type of custody and visitation has been taking place since the couple have separated as well as who has been the primary caregiver to the children. The age of the children is also a factor. The custodial parent will usually receive some child support with the amount being dependent upon the amount of time the custodial parent has the children and the difference between the incomes of the custodial parent and the non-custodial parent.

As you can see, there are many aspects to a divorce that require the expertise and guidance of a Twin Cities law firm specializing in this area of the law. It is always wise to hire an attorney to handle your divorce, but this is especially so when there are children involved. Children become such an emotionally charged issue in a divorce and your attorney will best be able to help work through it and do what is best for your children in the end.

by: Sunil Punjabi

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