Going through a divorce is a difficult time, and it is natural for parties to a divorce to seek out advice and support from friends and family members. As divorce, custody battles, and child support disputes are all relatively common, people usually do not have to search too far before finding a support system to discuss the potential outcome of a divorce. Like every family is different, so too, is every divorce. Therefore, parties to a divorce should understand that the result of their divorce will not be the same anyone else’s.
In any divorce involving children, the court must make a decision on custody and parenting time based on what is in the child’s best interest. There is no certain and objective formula for how a court will resolve visitation and custody disputes. The best interest factors do not provide that, for example, a mother will always be awarded primary physical custody or that a father should always receive only every other weekend parenting time. The court must take the specific family’s needs into account. Because no one else’s children and needs are precisely the same as yours, your custody dispute will not end exactly like anyone else’s.
Financial issues such as child support and spousal support are also unlikely to end the same in any two cases. Child support is based on a very particular formula as set by the Minnesota legislature. The formula takes many different figures into account, including income of both parties, health insurance costs, and parenting time with the children. Other factors such as whether the parents have child support obligations to other children not subject to the order will also be taken into account. These figures will vary wildly between families, and so the result is often a wildly different support order. Spousal support also varies, as the decision to award spousal support as well as the duration and amount is based on a wide variety of factors and does not have a particular calculator.
The distribution of assets and debts will also be unique to each case. At the end of a marriage, the court will make an equitable distribution of the marital assets and marital debts. The court looks to a large variety of factors when deciding which party will receive which asset. Unlike community property states, property and assets are not always equally divided. As the court must look to a complex list of factors when deciding how to divide the marital estate, there is unlikely to ever be two identical divisions.
These are just a few examples of why your divorce case will have a different result than the cases of your friends and family. Call us today at 651-464-7292 for a consultation and we can talk about the facts and issues in your case and give you an individualized assessment.