Family Law Issues Can Leave You With Many Questions
Whether you face a divorce, child custody battle or more, you likely have many competing concerns. When legal issues significantly affect your loved ones, it is easy to feel overwhelmed.
At Dittrich Law Firm, P.A., we provide families across the Twin Cities area with dedicated guidance on their family law issues. To address some of your concerns, read on for some of our most frequently asked questions on divorce and child custody:
Is Litigation Necessary For Family Law Issues?
No. We believe that many disputes can benefit from a resolution outside of court. Two ways to accomplish this are to pursue mediation or a collaborative divorce. These methods aim to resolve differences and make decisions in a more collaborative, amicable manner. They can also benefit parents who wish to work on a healthy co-parenting relationship moving forward.
What Is The Difference Between Marital And Separate Property?
All property of a divorcing couple must be categorized as marital or separate. Separate property is anything owned before the marriage or inherited by or gifted to one spouse throughout the marriage. Marital property is anything owned jointly and must be subsequently equitably divided. We can advise on complex items throughout this process, including dividing the marital home, a business, retirement accounts and more.
What Is Considered When Awarding Child Custody?
The factors considered in determining an appropriate child custody arrangement will vary based on the facts of your case. Typical considerations include:
- The financial, physical and medical histories of both parents
- The upbringing of the child
- The cooperation of both parents in supporting the child’s healthy relationship with each parent
- The potential changes that the child could experience
- The wishes of each parent and the child, if the child is old enough
Overall, the court will act in the best interests of the child.
What Is A Parenting Plan?
Both parents can jointly create a parenting plan before submitting it to the court for approval. Although it is not a court order, it is a legally binding document once accepted by the court. While the parents decide how much detail to include, typical details involve arrangements for where the child will reside, how they will spend holidays and more. In Minnesota, if the parents do not voluntarily agree on such an arrangement, the court will then determine an agreeable custody arrangement for the child.