Divorce Laws in Minnesota

The Basics of Minnesota Divorce Laws

Minnesota State’s divorce rate is moderate, with 3.3% per 1,000 of the population—making it the 12th lowest in the country. Comparatively, Minnesota citizens enjoy liberal family laws. The family court law has defined no-fault divorce grounds for divorce in Minnesota, so the petitioner does not need to provide a fault ground for seeking a divorce.

Annulment has more of a religious weightage than a legal one in Minnesota. The courts rarely consider annulment when there’s a certain set of circumstances.

Divorce Grounds in Minnesota

Minnesota is a “no fault” divorce state, so the only ground for divorce is an “irretrievable breakdown of the marriage”. This means that there is no chance of reconciliation between the two parties, and they have lived apart for at least 180 days. Both parties are then legally entitled to file a divorce petition.

If you need more details on divorce grounds in Minnesota, it’s best to contact a qualified and experienced divorce attorney or divorce lawyer.

Understanding Minnesota Divorce Laws

Do you need to know what the Minnesota divorce laws are? Whether you are considering filing for divorce, or are already in the process, it is important to understand the requirements and regulations in the state. Here is an overview of Minnesota divorce laws.

Residency

In order to file for divorce in Minnesota, at least one of the spouses must have lived in the state for 180 days before filing. This is known as the residency requirement.Documents Required

When filing for divorce in Minnesota, the following documents are required:

• Petition for Dissolution of Marriage
• Decree of Dissolution of Marriage
• Summons, Form 11
• Confidential Information Form
• Marital Termination Agreement
• Financial Affidavit
• Affidavit of Non-Military Status

Property Distribution

Minnesota follows the principle of equitable distribution, which means that the court will divide marital property in a fair and reasonable manner. Factors that the court considers when dividing property include:

• The economic circumstances of the parties at the time of the division of property
• The contribution of each spouse to the marital estate
• The value of the non-marital property set apart to each spouse
• The conduct of the parties during the marriage
• Custodial arrangements for minor children

Change of Name or Restoration of Name

Once the spouses are permanently separated, they can request to have their names restored to a former name.

Counseling or Mediation

Should any issues arise relating to custody or parenting time, the court may set the matter for mediation. However, if the court finds that one of the parties or a child has been physically or sexually abused by the other party, the court will not require or refer the parties to mediation.

Alimony

The court may grant alimony to either spouse if the claimant is unable to support themselves and does not have sufficient property. The award of alimony terminates upon remarriage of the recipient spouse or that spouse’s death.

Child Custody

When determining child custody, Minnesota divorce laws are strongly in favor of what is in the best interest of the child. Factors the court will consider include:

• The wishes of the parents
• The need of the child for a frequent and meaningful relationship with both parents
• The interaction and interrelationship of the child with both the parents and any siblings
• The wishes of the child

Child Support

The Minnesota government has established guidelines that determine the amount of child support. The court may deviate from the guidelines if findings are inappropriate or unjust. A modification of a child support order may only be made on a showing to the court of a change in circumstances that would result in a change of support from the existing amount by 20% or more and at least a $50.00.

If you would like more in-depth information about Minnesota divorce laws, it is best to contact a professional divorce attorney or divorce lawyer.

Annulment in Minnesota: When Is It an Option?

Annulment is a court decree that declares a marriage never existed. It’s an option for annulling a marriage in Minnesota when certain criteria are met. To get an annulment, the petition must contain a ground recognized by Minnesota annulment laws. Let’s take a look at those grounds.

Duress

Were you threatened or forced into marriage? If so, you are eligible for an annulment under Minnesota annulment laws.

Fraud or Misrepresentation

Minnesota annulment laws recognize fraud or misrepresentation as a major annulment ground. Entering into a marriage under false pretenses is considered a crime, and the victim can seek an annulment.

Bigamy

Marriages where one or both parties are already married to someone else are not recognized, and an annulment claim may be filed if this is the case. This is in accordance with Minnesota annulment laws.

Impotency

Impotency is a valid annulment ground in Minnesota. If your spouse’s impotency is affecting the marriage, you can file for an annulment.

Incest

Minnesota annulment laws prohibit marriages between certain family members, such as parent/child, stepchild, grandparent/grandchild, aunt/nephew, or uncle/niece. If you are in such a marriage, you can file for an annulment.