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Lakeville Family Law Blog

How do you know when it's time to file for divorce?

Knowing when it's time to divorce is never easy. Even in cases when the decision should be clear-cut and obvious -- like in situations of substance abuse, domestic violence or infidelity -- spouses may deliberate for years before they finally pull the trigger on their divorces.

In order to help you navigate your decision-making process, we've included four important questions that every spouse should ask before deciding whether the time is right to file.

Who's going to win my child custody dispute?

It's frightening to think about going a night without your children at home with you, but if you're in throes of a contentious child custody dispute, that's a reality you may need to face. Depending on how your child custody case ends, you may be lucky to receive full physical custody -- meaning your children live with you full-time -- or you might become the non-custodial parent who only has visitation rights.

It's difficult to predict exactly how a court will decide a child custody disagreement, but the following information may give you a clue as to what your end-results could be.

2 ways to divide your parenting time

Minnesota parents will probably want to spend as much time as possible with their children -- and this usually translates into living full time with the child. The problem is, as a divorced parent, it may be impossible to live with your child full time unless you receive full physical custody.

This brings us to the question of how to divvy up parenting time and the two most common ways that parents go about doing this: (1) the 50-50 child custody solution, and (2) the custodial parent and non-custodial parent arrangement.

3 issues that will test your sanity during divorce

When Minnesota residents are going through a complicated divorce, it's important for them to keep their eyes on the day when it will all be over and they can finally get on with their lives. Otherwise, the stresses of the divorce process can really take their toll.

Another way to stay "sane" during a divorce is to know what to expect ahead of time. This way, certain factors that will definitely test the average person's patience will not come as a surprise and they will be easier to navigate. With this in mind, here are three unexpected effects of divorce that everyone should be aware of:

Parenting agreements and relocating with your child

Raising your child as a co-parent creates a difficult dynamic if you want to move away from your current location. Many parents find themselves tied to the location where their child happens to be at the time of their divorce. If one co-parent wants to move for a better job or a better life in another place, for example, the other co-parent could nix the move by refusing to give permission.

Since one parent's wish to relocate could represent a significant issue in the years after your divorce, you may want to clarify how to handle the issue by including a series of specifically worded parenting provisions in your child custody agreement.

Breaking down 5 divorce myths

Divorce has grown more common over the past few decades, and that trend has also spawned a number of serious myths about the process.

Maybe you and your spouse are considering divorce, and you have heard all sorts of "facts" from your co-workers whenever you bring it up. They tell you things you can barely believe. What is safe to discount? How do you separate fact from fiction before entering into divorce yourself?

Advice for talking to preschoolers about divorce

Adults and children view divorce very differently -- especially when you're comparing adults with young, preschool-aged children. An adult will experience different complicated facets of a divorce, but a preschooler will see it in simple, concrete terms.

While you're concerned about the long-term consequences of your ending relationship -- and trying to keep an eye on the big, positive picture -- your preschooler is worrying about whom the cat's going to live with and whether he'll ever see his dad again.

5 helpful divorce tips

When you're ready to get a divorce, you must take the necessary steps to make it happen. One of those steps will involve preparing your divorce petition before filing.

However, there are some additional steps that divorcing spouses should take before and during their divorce proceedings. Make sure to read the following tips to ensure you navigate your upcoming divorce the right way.

Divorce questions: Can I keep my inheritance?

Imagine you received an inheritance of $100,000 from your uncle and a year later you decide to get a divorce. You're probably concerned about whether you'll get to keep your inheritance money or if you'll need to split it with your soon-to-be ex.

The answer to this question largely depends on what you did with the inheritance after receiving it.

What is the history of alimony?

When a family law court orders one spouse to pay the other spouse financial support during separation or after divorce -- either permanently or temporarily -- it's considered alimony. In some instances, the paying spouse may question why alimony is necessary and wonder how the concept came to be.

In order to understand the history of alimony, we have to go back into legal history to the English ecclesiastical courts.

Call or Email Dwire Law Offices to Schedule Your Free Consultation

To discuss your divorce or other family law issue with attorney Todd Dwire,
please contact us at 952-232-0179 or 866-442-9693.

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20686 Holyoke Avenue
P.O. Box 427
Lakeville, MN 55044

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