Yes, you can absolutely get a dissolution when minor children are involved. A "dissolution with children" refers specifically to a divorce case where the divorcing spouses have minor children. In such situations, the court's role extends beyond simply terminating the marriage; it also involves making crucial decisions concerning the children's welfare and future.
Understanding Dissolution with Children
When parents with minor children decide to end their marriage, the legal process of dissolution (divorce) becomes more comprehensive. The presence of children introduces additional complexities and considerations that the court must address to ensure their best interests are met.
Key Issues Addressed in a Dissolution with Children
In a dissolution case involving minor children, the court will specifically need to make rulings and decisions on the following critical issues:
- Child Custody: This determines who has legal and physical responsibility for the children.
- Legal Custody: Refers to the right to make important decisions about the children's upbringing, including education, healthcare, and religious instruction. This can be shared (joint legal custody) or granted to one parent (sole legal custody).
- Physical Custody: Determines where the children primarily live. This can also be shared (joint physical custody) or primarily with one parent.
- Parenting Time (Visitation): This establishes a schedule for when each parent will spend time with the children. The goal is to ensure both parents have consistent and meaningful involvement in their children's lives, assuming it is safe and in the children's best interest.
- Child Support: This involves financial contributions from one parent to the other for the children's daily care and needs. Child support calculations typically follow specific state guidelines, taking into account factors like parental income, the number of children, and the parenting time schedule.
Dissolution with Children vs. Dissolution Without Children
To better understand the distinct nature of a dissolution with children, consider the key differences:
| Aspect | Dissolution Without Children | Dissolution With Children |
|---|---|---|
| Primary Focus | Termination of marriage, division of assets/debts, spousal support | Adds child custody, parenting time, and child support to the existing considerations. |
| Court Involvement | Primarily on marital status and financial matters | Extends significantly to determine and enforce arrangements for the children's care, well-being, and financial support. |
| Complexity | Generally less complex and often quicker to finalize | More complex and typically requires more extensive legal proceedings, evaluations, or mediation due to child-related issues. |
| Parental Agreement | Focus on agreement regarding property, finances, and spousal support | Requires additional agreement or court determination on all aspects of child-rearing post-divorce. |
Practical Considerations
Navigating a dissolution with children requires careful planning and a focus on the children's long-term well-being. Here are some practical insights:
- Prioritize the Children's Best Interests: Courts will always prioritize what is deemed to be in the children's best interest when making custody, parenting time, and support decisions. This can involve considerations like the children's stability, emotional needs, and existing routines.
- Mediation and Collaboration: Many courts encourage or require parents to attempt mediation to reach agreements on child-related issues. Collaborative approaches can lead to more amicable and sustainable co-parenting relationships. For more on mediation, you might explore resources on family law mediation.
- Legal Guidance is Crucial: Given the complexities involved, especially concerning child custody and support, it is highly advisable to seek legal counsel from a qualified family law attorney. They can provide guidance on state-specific laws and represent your interests. You can often find resources through legal aid societies or bar associations.
In summary, while the process of dissolving a marriage with children adds layers of complexity, it is a common legal procedure designed to address not only the end of the marital union but also the ongoing needs and well-being of the minor children involved.
