Reviewing Common Questions With A Divorce Attorney In Rochester, MN

In Minnesota, divorce petitioners may have questions or concerns about their cases and what they need to get the motion started. Among the most basic requirements is to establish residency in the state. All petitioners must live in the state for at least ninety days before filing a petition. A Divorce Attorney in Rochester MN answers questions about these proceedings and prevent unwanted delays.

What Type of Divorce System is Followed in the State?

The state follows a no-fault divorce system that limits the divorce grounds to irretrievable breakdown only. A no-fault system prevents the petitioner from using any fault-based ground in their divorce proceedings; this prevents the need for additional evidence to finalize the divorce. This system provides a simplified option for couples who don’t have children and limited assets to achieve a divorce quickly.

What is Considered When Child Custody is Granted?

The court assigned an attorney ad litem to address the child’s wishes during the child custody hearing. The judge considers the child’s wishes as well as examines the relationship between the child and each parent. The ultimate goal is to provide each parent with the same amount of time with the child and continue to provide the child with a suitable living environment.

Who Identifies the Parenting Time Rights?

Initially, the parents have the right to set up their own preferred schedule for parenting time; however, a divorce trial takes this decision out of their hands and allows a judge to make this decision. Once the orders are finalized, each parent must follow this schedule as it is exactly. Any deviation or denial in visitation could provide the opposing parent with a right to legal action.

When is Alimony Provided?

A major difference in the income of each spouse must be present for the court to provide alimony. Typically, alimony is temporary until the ex-spouse can support themselves independently. Permanent alimony is provided only if the former spouse is disabled or mental incapacitated.

In Minnesota, divorce petitioners must acquire adequate answers about specific concerns they may have. This includes concerns about how to proceed with their case. Petitioners who want to discuss their case with a Divorce Attorney in Rochester MN contact Rolsch Law Offices today.

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