Understanding the Divorce Process in Minnesota

January 19, 2023  |  Jason C. Brown

Legal disputes that involve loved ones can be extremely difficult to navigate and can cause a lot of emotional stress on everyone involved. There are typically many questions that can arise during the divorce process that involve child custody, what happens after the divorce, the trial, when the divorce is final, and many more. Divorce can, unfortunately, be a process that is long and drawn-out if the parties are not in agreement. Learn more about understanding the divorce process in Minnesota. Child Custody Plans During a divorce or paternity case, child custody is usually a top priority. In Minnesota, there are two different types of custody – physical and legal. Legal custody involves the ability of a parent to play a role in major decisions of the child’s upbringing, like education, religion, or medical decisions. Legal custody does not include the day-to-day decisions involving the care of a child. Physical custody of a child involves the day-to-day care of a child. This includes decisions regarding the child’s primary residence. When a custody plan is proposed, Family Court considers several factors relating to the “best interest of the child.” Some of these “best interest” factors include: Parental history The child’s needs History of domestic abuse The willingness and ability of each parent to care…

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