Divorce laws are very specific from one state to another. The requirements for a state like Minnesota can differ greatly than those of a state like Florida, especially when it comes to things like property distribution and process serving requirements. Here are the 5 things you need to know about Minnesota divorce laws.
1. Minnesota Has a “No-Fault” Divorce Law
The “No-Fault” Divorce Law essentially states that you do not need the consent of your spouse to get a divorce. The court does not care about the reasons behind your desire to get a divorce, and those specific reasons in no way impact whether or not you are granted a divorce.
2. There are Two Grounds You Must Meet to Qualify for a Divorce
If you want to get a divorce in Minnesota, there are some eligibility requirements you must meet.
For starters, one of the parties involved must have lived in Minnesota for at least 180 days prior to the start of the proceedings or been part of the armed services there.
You must also prove that there has been an “irretrievable breakdown of the marriage relationship”, which means there is no hope of reconciliation or a return to a normal marriage.
3. All Property is Considered Marital Property
In Minnesota, both parties are believed to have made an equal contribution to the marriage. Therefore it doesn’t matter whose name is on any property titles. The court decides the value of all the property and splits it as evenly as possible between the two parties.
If there are two cars, each spouse will get one, and if there is only one, the court will most likely give it to whoever is in greater need of it.
4. Courts Prefer Joint Custody When Possible
If you have children you should know that the court prefers to share joint legal custody between parents. The court will usually not grant joint legal custody if the parents refuse to cooperate or if there has been any domestic abuse.
The court will also most likely grant joint physical custody if it’s in the child’s best interests and both parents have agreed to it.
5. Courts Do Not Award Alimony Unless It’s Needed
Alimony or spousal maintenance is awarded if the party asking for it needs it AND the party being asked to pay can afford to do so and still meet their own monthly expenses. A court will look at both parties incomes and other financial resources in making that determination. Most awards of spousal maintenance are for a limited time period. But, permanent alimony, or spousal maintenance may be awarded if it is doubtful that one party will never be able to adequately support themselves.
It’s important to know, however, that if you waive your claim to spousal maintenance, you cannot ask the court for it later.
Final Thoughts on Minnesota Divorce Law
Divorce can be a tricky thing, so it’s important to know the laws of your state before you begin proceedings. Regardless of where you live, you should get a divorce attorney who can you help you get through the divorce process in the best way possible.
You can use this form to schedule a consultation with a divorce attorney to have any additional questions about divorce law answered!