If a person wishes to terminate his or her marriage, he or she may file for a divorce. In a divorce proceeding, the court will terminate the marriage and determine the rights and responsibilities of the divorcing parties regarding child custody, child visitation, child support and spousal support (alimony). The court will also redistribute marital assets.
Yes; and it is the arrangement that the two of you build together. A divorce only ends the marital relationship. The parenting relationship remains and often requires a significant amount of repair in order to be effective after the divorce is final. As parenting partners you must be able to communicate and cooperate with each other about the children. A custody award cannot possibly address all of the parenting issues which impact your children’s well-being. It is in your and your children’s best interests to create a comprehensive parenting plan that proactively addresses the most common parenting issues which cause parents to continue fighting long after their divorce is final. Examples include: holiday transfer times, transfer logistics, parental communication, first rights of refusal, enrollment in and payment extra-curricular activities, vacations and travel, re-marriage, residential moves, and so on. Save yourself and you family untold frustrations and expense by setting expectations and creating a workable parenting plan in advance.
Basic support is for the child's expenses, such as food, clothing and transportation, and does not include payments on arrears. It is calculated by multiplying the paying parent's percentage of the combined Parental Income for Determining Child Support (PICS) by the combined basic support amount. If a court orders parenting time to the paying parent of ten percent or more, he/she may receive a deduction from basic support, based on the percentage of court-ordered parenting time.
In most counties in the Twin Cities Metropolitan area, as well as now many out state counties, after the filing of a summons and petition, the next step in the process will be an appearance at an Initial Case Management Conference ("ICMC"). ICMC’s are aimed at trying to expedite the processing of divorce cases, and minimizing conflict and the expense associated when parties quickly resort to litigating (resorting to the lawyers and the courts to decide disputes) all issues. As soon as a party files the petition or answer with the court, your matter will be assigned to one judge or referee, who in many counties will be responsible for all aspects of your case until its conclusion. Typically within thirty days thereafter, the court will schedule the ICMC. Both lawyers and both parties must appear, and the vast majority of judges and referees (judicial officers) will not allow any motions, including temporary motions, to be filed until the ICMC takes place.