Minnesota divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations in the state you may thinking about filing your divorce petition in – Minnesota. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Minnesota divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
Anyone can file a Petition for Dissolution of Marriage in a Minnesota District Court of he or she have been in residence in the state for a minimum of 180 days.
Minnesota Grounds for Divorce
As a no-fault divorce state, there are no legal means for charging another party in a marriage with blame for the failure of that marriage.
Uncontested Divorce in Minnesota
Minnesota provides a streamlined method for dissolving a marriage, called a summary action. There are several requirements in order to file a summary action:
- There are no natural or adopted children
- The wife is not pregnant
- The marriage has lasted less than 8 years
- There is no real estate involved
- They have no joint debts over $8,000
- The total value of the joint estate is less than $25,000
- Neither spouse has individual assets of more than $25,000
- There is no evidence of domestic abuse
Those who do not qualify for a summary action may still file an uncontested divorce, which can end in default, either by one party not answering the petition for divorce, or the partners reaching an agreement that one partner submits as a default resolution.
Contested Divorce in Minnesota
When the parties do not agree to a summary action or an uncontested divorce, they must resort to the more complex contested divorce. Each party must then employ a divorce attorney to present their case in the contested areas and either negotiate a settlement or present the case to a judge.
Annulment in Minnesota
If there are grounds to declare a marriage void, or illegal, either party may seek an annulment. These are difficult to prove, but the result is that the legal records show that there never was a valid marriage. In order to obtain an annulment, one of these grounds must be proved:
- Duress
- Fraud
- Bigamy
- Impotency
- Incest
No Fault Divorce in Minnesota
The only type of divorce that can be granted in Minnesota is a no-fault divorce, based on evidence that there is an irretrievable breakdown of the marriage. That can be proven by showing that
- The parties have lived separate and apart for 180 days
- There is serious marital discord that has a destructive impact on the parties and their marital relationship
Minnesota Fault Divorce
There are no grounds for filing a fault-based divorce in Minnesota.
Minnesota Divorce and Child Custody
Child Custody Laws
In custody decisions, there are a number of elements the courts will consider:
- The parents’ wishes
- The child’s wishes, depending on their age and maturity level
- The child’s relationship with their parents, siblings, and others who would influence the best interests of the child
- The child’s adjustment to home, school, and community
- The degree and length of stability of the home before the divorce and the importance of maintaining it
- The stability of the family unit in the proposed custodial home
- The mental and physical condition of all parties
- The capacity and desire of the parties to provide love, guidance, and education to the child
- The child’s cultural background
- Any evidence of abuse and its effect on the child
- The ability of each parent to encourage a positive relationship with the other parent
Child Alimony
Minnesota considers a number of factors, excluding the misconduct of the parent in the marriage, when determining the amount of child support to be ordered, and from whom:
- The child’s assets
- The parents’ assets, earnings, and income
- The child’s standard of living if there had been no divorce
- The child’s physical, emotional, and educational needs
- The tax consequences of support payments
- The parent’s debt
Minnesota uses the Percent of Income Model to calculate support estimates, as well as Child Support Worksheets.
Minnesota Divorce Spousal Support
Either temporary or permanent spousal support can be awarded, based on a number of economic, but not behavioural, factors:
- The dependent parties’ resources
- The amount of training or education required to find employment
- The likelihood that the dependent party will become self-supporting
- The prior standard of living in the marriage
- The length of the marriage
- The sacrifice of earning power, retirement benefits, and other employment opportunities by one party for the benefit of the other
- The dependent party’s health and age
- The resources of the party supplying support, and their ability to meet their own needs as well as those of the former spouse
- The contribution each party made to assets in the marriage
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Minnesota
Spouses in the military are protected by Minnesota law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From A Minnesota Divorce Lawyer?
The decisions made in a divorce settlement can have repercussions for the rest of an individual’s life. Those decisions should not be made lightly. That is why there are times when it may be vital to retain a divorce attorney even for an uncontested divorce. However, such representation is much more crucial for divorces where points of contention must be resolved. An unbiased legal advisor can make the difference in thousands of dollars, and thousands of hours of visitation or resident time with a child.