frequently asked questions
What happens in a Minnesota divorce proceeding?A divorce, also called a "dissolution of marriage" by the courts, is a way of legally ending a marriage. A divorce judgment will decide:
- • The date your marriage ends;
- • Who gets custody of the children and when the other parent sees them;
- • Who pays child support and how much;
- • Who will pay health insurance for the children;
- • Who should pay past bills;
- • How property (including retirement benefits and a home) will be divided; and
- • Whether one spouse will pay spousal support (alimony) to the other.
What is the difference between Legal and Physical custody
Legal custody is the right of a parent to have a say in a child’s upbringing, which includes education, health care, and religious training. Minnesota has a statutory presumption in favor of joint legal child custody.
Physical custody means that the routine daily care and control and the residence of the child.
More Custody FAQ'sWhat is a will?
A will is a set of instructions that explains how you want your property distributed after your death. Your will must be in writing and must be signed by you and two witnesses. The witnesses must also have seen each other witness your will. Some people cannot serve as witnesses to your will. It is important to make sure that all of Minnesota’s legal formalities are carefully observed.
More Will and Trust FAQ'sWhat is probate?
Probate is a legal process whereby a court oversees the distribution of assets left by a deceased person’s will. Assets are anything a person owns with value, such as real and personal property and cash, for instance.
Physical custody means that the routine daily care and control and the residence of the child.
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