DIVORCE LAW FORUM

    

MINNESOTA DIVORCE LAW

RESIDENCY REQUIREMENTS:

In order to grant a divorce, a court must find that at least one spouse has been a resident of the state for at least 180 days prior to filing for a divorce.

[See Minnesota Statutes; Chapter 518.07]

WHERE TO FILE:

A petition for termination of marriage through dissolution or legal separation must be filed for in the county where either spouse resides at the time of filing.

[See Minnesota Statutes; Chapter 518.09]

GROUNDS FOR DIVORCE:

Irretrievable breakdown of the marriage relationship.

[See Minnesota Statutes; Chapter 518.06]

LEGAL SEPARATION:

State Courts of Minnesota recognize legal separation. While a legal separation does not terminate the marital status of the parties, it does determine the rights and responsibilities of both husband and wife arising out of the marital relationship.

Either of the parties can petition for a decree of legal separation and if neither party contests it nor petitions for a decree of dissolution, the court shall grant the legal separation.

[See Minnesota Statutes; Chapter 518.06]

MEDIATION OR COUNSELING:

When custody is contested, mediation may be ordered by the Court. There may be exceptions where evidence of physical or sexual abuse is presented. If mediation does not result in an agreement, the mediator can recommend that an evaluation be conducted.

[See Minnesota Statutes; Chapter 518.619].

MARITAL PROPERTY DISTRIBUTION:

In Minnesota Courts follow the theory of equitable distribution. Marital property is divided without regard to marital fault, and will base the property distribution on the following:

           Length of the marriage,

           Age, health, and occupation of each party,

           Income, income potential, vocational skills or each party,

          The contribution of each spouse to the marital property, including the contributions as a homemaker

[See Minnesota Statutes; Chapter 518.58]

 

SPECIAL DIVORCE PROCEDURES:

In cases where both parties jointly file the divorce petition, the summons or service of the petition is waived automatically.

[See Minnesota Statutes; Chapters 518.09 and 518.11]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:

Alimony may be granted on a temporary or permanent basis, based on the following factors:

          The financial resources of the spouse seeking maintenance, and their ability to meet their financial needs.

           The time needed to acquire training and education to become self-reliant.

          The standard of living established during the marriage.

          If the spouse seeking maintenance is unable to seek employment due to the restraints of caring for a child whose condition or circumstances warrant that the custodial parent not seek employment           outside the home.

         The duration of the marriage, and in the case of a homemaker, the length of absence from the      workforce.

         The age and physical capabilities of the spouse seeking maintenance.

         The ability of the other spouse to pay alimony and still meet his or her own needs.

         The contribution of each spouse to the acquisition and care of marital property, as well as the       contribution of a spouse as a homemaker, enabling the other spouse to further their business or       employment.

[See Minnesota Statutes; Chapter 518.552]

CHILD CUSTODY:

A Court will order joint or sole custody based on "the best interests of the child", with the following relevant factors considered:

         The relationship between each parent and the child.

         The child's primary caretaker.

          The reasonable preference of the child, if the court deems the child to be of sufficient age to           express preference.

          The child's adjustment to home, school, and community. Also considered is how long the child has been in a stable environment and the permanence of the custodial home.

          The mental and physical health of all individuals involved.

          The capacity and disposition of the parents to give the child love, affection, and guidance, and to   continue educating and raising the child in the child's culture and religion or creed.

           Whether there is evidence of abuse, either between the parents, between the parent and another  individual, or directed towards the child.

[See Minnesota Statutes; Chapter 518.17]

CHILD SUPPORT:

A Court will not consider marital misconduct in the determination of child support. Child support is based on the Minnesota Child Support Guidelines, also taking into consideration the following factors as basis for deviation from standard support orders:

         The standard of living that the child has become accustomed to during the marriage.

         The financial needs and resources, physical and emotional condition, and educational needs of the child or children to be supported.

          Which parent will claim the child or children as a dependent for tax purposes, and what financial impact that will have.

          The parent's debts.

           Whether the parent paying child support is on public assistance.

 [See Minnesota Statutes; Chapter 518.17 and 518.6111].

Minnesota Department of Human Resources - Child Support Calculator
 

 

Disclaimer

This site is not meant to provide legal representation or to be relied on in place of an attorney. We recommend that anyone serious about going forward with a Divorce or Child Custody claim seek the advice and counsel of a qualified attorney in their respective state.

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