Minnesota Divorce Laws
To file for divorce in Minnesota, one of the parties must have been a resident of the state for at least 180 days. The petitioner will file a Petition for Divorce against the respondent. The final document is called the Decree of Divorce. There is currently no waiting period to file for divorce, although the court might order mediation if the parties have custody disagreements. The ground for divorce in Minnesota is that the marriage is irretrievably broken with no hope of reconciliation.
Minnesota Divorce Laws & Property
Marital property will be divided equitably between the two parties. Separate property may remain with the original owner and may include inheritances, property acquired before marriage, or property excluded due to a prenuptial agreement. The court will take the following factors into account when dividing property:
the duration of the marriage
the age and health of the spouses
previous marriages of the spouses
the occupations and incomes of the parties
the skills and opportunities to earn a future income
the assets and debts of both parties
and the contributions of both parties to the acquisition of the properties during marriage, including income and homemaking.
The court may recognize if the property awards present a hardship to either party and may adjust the award accordingly.
Minnesota Divorce Laws & Alimony
Spousal support is not guaranteed, but either party may petition for alimony. Situations that may strengthen a case for alimony include: whether the party is caring for a child where it is appropriate to stay at home; if the party is unable to support themselves; and the property awards. Marital misconduct is generally not a factor in alimony.
When awarding alimony, the court will consider the following: financial resources of both parties; the standard of living established during the marriage; the employability of the party seeking alimony, including whether they need vocational training or education if they were out of the job market due to homemaking or child care; the ability of the party paying alimony to reasonably support themselves; the age and health of both parties; any change in income, retirement benefits, or pensions; and contributions by both parties to the acquisition, appreciation, or depreciation of marital property or a spouse’s business.
Minnesota Divorce Laws & Child Custody
Custody must be decided when minor children are involved in a divorce. Physical custody is where the child actually lives, while legal custody is the right of both parents to make decisions regarding major events in the child’s life including religion and education. The spouses are encouraged to create a parenting plan that addresses visitation rights, including where the child will spend major holidays and special occasions, and how the parents intend to resolve disputes about the child. The court may have input on the parenting plan; it will consider these issues:
the wishes of the parents and the child, if the child is old enough to voice their opinion
the relationship already established between the child and parent, including who was the primary caregiver during the marriage
the relationship with siblings and where they live
the child’s adjustment to their home, school, and community
the stability of the child’s current living situation and whether that should be continued, including if they live in the marital home
the ability of the parents to show love and affection to the child
cultural backgrounds
and the willingness of the parent to encourage the child’s relationship with the other parent.
When considering joint custody, the court will determine if the parents are able to cooperate and settle disputes, if it is in the best interest of the child to have equal time with both parents, and any history of domestic abuse. In Minnesota, the court can require parenting classes at any time. Grandparents can be granted visitation rights when necessary if it is beneficial to the child.
Minnesota Divorce Laws & Child Support
Minnesota uses the percentage of income formula to calculate child support amounts. The incomes of both parents are combined and then the court calculates the percentage that each parent is responsible for. Adjustments are made for health insurance or child care costs.
Other factors including when determining child support include: all financial resources of both parents, including income, property, or investments; any debts of the parents, especially those that were acquired during the marriage to support the family; any special needs of the child that could be costly; a reasonable standard of living for the child; any other children the parents support; and which parent claims the child as a dependent on tax returns. Both parents may determine amounts to contribute to an education fund for the child’s future.
