Minnesota Divorce Process
From LegalLanding
The Minnesota Divorce Process can be quite complicated without the right guidance.
Contents |
Grounds for Divorce
Minnesota is a "no-fault" divorce state. A person cannot allege his or her spouse's wrongdoing caused the divorce. Rather, many divorcees list irreconcilable differences as the grounds the parties provide as the leading cause for the breakdown of the marriage. However, courts may consider fault as one factor in dividing property or awarding alimony.
Residency Requirement for Divorce in MN
At least one spouse must be a resident of Minnesota for 6 months or 180 days before filing for divorce.
Dividing property at divorce in Minnesota
Minnesota is an equitable division state. An equitable division state 1) views each spouse as owner of income she or he earns during the marriage, and 2) provides each spouse with the right to manage property in his or her name alone. However, at divorce, the name on the property is not the only factor the court will look at in its decision. Rather, the judge will divide marital property in a manner the judge determines fair, which may or may not be exactly equal.
Child Custody Rules in Minnesota
Minnesota courts, by default, start with the presumption that it is in a child's best interest to have frequent and continuing contact with both parents after a divorce. Judges want to support joint custody arrangements, whenever possible. The allocation of the time-share, however, will be decided based on the children's best interests.
Rules about child support in Minnesota
Minnesota requires both parents to financially support their children post-divorce. The amount of child support depends primarily on each parent's income and other resources, and the amount of time each parent spends with the children. Further, courts may "impute" income to a parent who has the capacity to earn more than he or she is earning at the time of divorce.
Resources For Do-It-Yourself Divorce
You can usually get fill-in-the-blank forms at your local courthouse or the local law library. We have provided some necessary forms and explanations on our site, as well.